Hemlata @ Divya vs Jitendra Kumar on 7 July, 2026

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    Rajasthan High Court – Jodhpur

    Hemlata @ Divya vs Jitendra Kumar on 7 July, 2026

    Author: Farjand Ali

    Bench: Farjand Ali

    [2026:RJ-JP:29801]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR
    
                  S.B. Civil Transfer Application No. 161/2026
                          CNR: RJHC010639132026
                           URN: CTA / 410U / 2026
    
    Hemlata @ Divya W/o Jitendra Kumar, Aged About 47 Years,
    Resident Of House No 14, Lalaji Balaji Colony,hanumangarh
    Junction, Tehsil District Hanumangarh, At Present Residing At
    House No 111, Basant Bahar Colony, Gopalpura Mode,jaipur.
                                                                       ----Petitioner
                                        Versus
    Jitendra Kumar S/o Shri Khemchand, Aged About 48 Years,
    Resident Of House No 14, Lalaji Balaji Colony, Hanumangarh
    Junction, Tehsil District Hanumangarh.
                                                                     ----Respondent
    
    
    For Petitioner(s)         :     Ms. Yogita Mohnani
    For Respondent(s)         :     -
    
    
    
                    HON'BLE MR. JUSTICE FARJAND ALI

    Order

    07/07/2026

    SPONSORED

    1. By way of the instant transfer application, the petitioner-wife

    seeks transfer of Civil Misc. Case No. 322/2023, presently pending

    before the learned Family Court, Hanumangrah (hereinafter

    referred to as “Court X”), to the Court of learned Family Court,

    Jaipur (hereinafter referred to as “Court Y”).

    2. Learned counsel appearing on behalf of the petitioner

    submitted that the respondent-husband has instituted proceedings

    under Section 24 CPC before Court X . It is urged that the

    petitioner-wife is presently residing at Jaipur and is not in a

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    position to undertake repeated travel to Hanumangarh for

    attending the proceedings on every date of hearing. It has further

    been contended that the distance between the two places is

    approximately 390 kilometres and repeated travel would cause

    grave inconvenience, financial hardship and avoidable physical and

    mental distress to the petitioner. It is, therefore, prayed that the

    aforesaid proceedings be transferred from Court X to Court Y in

    the interest of justice and convenience of the parties.

    3. This Court has given its thoughtful consideration to the

    submissions advanced at the Bar. At the outset, this Court deems

    it appropriate to observe that issuance of notice in every

    matrimonial transfer petition and keeping such matters pending

    for years together, particularly where interim stay orders continue

    to operate meanwhile, seldom advances the cause of justice. The

    experience of this Court demonstrates that in a considerable

    number of matters, transfer petitions remain pending merely at

    the stage of service and completion of pleadings for two to three

    years. Such prolongation neither subserves the institutional

    interest of expeditious adjudication nor secures the welfare of

    litigating spouses already embroiled in matrimonial discord.

    Rather, it unnecessarily prolongs the agony of parties and delays

    substantive adjudication of the disputes inter se them.

    4. This Court cannot be oblivious to the fact that where the

    circumstances emerging from the record unmistakably indicate

    that the balance of convenience overwhelmingly leans in favour of

    one forum and the governing judicial precedents also support such

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    transfer, insistence upon prolonged procedural formalities would

    only defeat the very object sought to be achieved. When the

    ultimate outcome appears reasonably foreseeable in light of

    settled legal principles, deferring the matter for years merely for

    completion of service would amount to allowing procedure to

    overshadow justice itself.

    5. This Court further notices that Section 24 of the Code of Civil

    Procedure confers wide and comprehensive powers upon the High

    Court to transfer proceedings either on an application of a party or

    even suo motu whenever the ends of justice so require. The

    provision is fundamentally intended to ensure that procedural

    mechanisms remain subservient to the larger cause of fair

    adjudication. The judicial system exists to facilitate access to

    justice and not to perpetuate procedural hardship. Thus, in the

    peculiar facts of the present case and in the overarching interest

    of justice, this Court considers it appropriate to decide the present

    transfer petition expeditiously instead of relegating the parties to

    prolonged procedural delays.

    6. This Court is also conscious of the practical realities

    surrounding matrimonial litigations. In a large number of

    matrimonial disputes, proceedings under Sections 498-A IPC,

    cases under D.V. Act, Section 125 Cr.P.C., petitions under Sections

    9 and 13 of the Hindu Marriage Act and other allied proceedings

    are instituted at the place where the wife is residing. In the

    present case also, it has been brought to the notice of this Court

    that a criminal case being Criminal Original Case No. 73/2023 for

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    offences under Sections 498-A, 406, 323 and 354 IPC is pending

    against the respondent-husband before the learned Judicial

    Magistrate, Jaipur Metropolitan. It has further been submitted that

    the petitioner-wife has also instituted proceedings under Sections

    12, 13, 16, 18, 21, 22 and 23 of the Protection of Women from

    Domestic Violence Act before the competent Court at Jaipur.

    Consequently, even otherwise, the respondent-husband is

    invariably required to appear before the Courts situated at the

    place where transfer is sought. In such circumstances, requiring

    the wife to simultaneously contest proceedings instituted by the

    husband at another distant place results in avoidable multiplicity

    of travel, financial burden and mental hardship for both parties.

    This Court finds substance in the contention that where one

    spouse is already appearing before the Courts situated at the

    place where the other spouse resides, insistence upon

    continuation of connected matrimonial proceedings at different

    stations becomes wholly cumbersome and impractical.

    Consolidation of proceedings at one place not only minimises

    inconvenience but also facilitates coordinated adjudication and

    reduces the possibility of conflicting orders.

    7. Ordinarily, the rule of audi alteram partem constitutes a

    foundational principle of natural justice and no order adverse to a

    party ought to be passed without affording an opportunity of

    hearing. However, it is equally well-settled that the application of

    such principle is not inflexible and may admit of exceptions where

    the circumstances so warrant. Mere transfer of proceedings from

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    one competent forum to another does not, by itself, extinguish,

    dilute or adversely affect the substantive rights of either party.

    The merits of the case shall be examined by the Court and as such

    a simple order of a transfer of a case from one court to other

    Court can’t be construed as an order adversarial to the interest of

    the other party. Furthermore, where the respondent is already

    required to appear before Courts situated at the place where

    transfer is sought and is regularly attending proceedings thereat,

    no irreversible prejudice can be said to be occasioned merely by

    transfer of one additional connected proceeding to the same

    station.

    8. This Court is, therefore, of the considered view that

    insistence upon issuance of notice in the peculiar facts of the

    present case would only prolong litigation without serving any

    meaningful purpose. Consequently, service upon the respondent

    deserves to be dispensed with. Thus, notice not required to be

    issued to the respondent.

    9. Heard learned counsel for the petitioner and perused the

    material available on record.

    10. The Hon’ble Supreme Court in Vinisha Jitesh Tolani @

    Manmeet Laghmani v. Jitesh Kishore Tolani reported in

    (2010) 5 SCC 748 has observed that in matrimonial disputes

    instituted by the husband against the wife, the convenience of the

    wife deserves paramount consideration and ordinarily such

    proceedings should be adjudicated at a place proximate to the

    residence of the wife so as to obviate undue hardship.

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    11. Having regard to the aforesaid judicial pronouncement, the

    facts and circumstances of the present case, and the grounds

    urged in the transfer petition, this Court finds the present

    application deserving of acceptance.

    12. Accordingly, the transfer petition is allowed. Consequently,

    Civil Misc. Case No. 322/2023 presently pending before Court X is

    transferred to the Court of learned Family Court, Jaipur (Court Y)

    for adjudication in accordance with law.

    13. The learned Judge, Court X, is directed to forthwith transmit

    the entire record of the case to the transferee Court. He shall also

    prepare and forward a report containing particulars of all pending

    matrimonial or connected proceedings, if any, between the parties

    pending before his Court as on date and instituted thereafter.

    14. It is further directed that henceforth the aforesaid

    proceedings shall proceed exclusively before the learned Family

    Judge, District Jaipur.

    15. This Court further considers it appropriate to direct that the

    learned District Judge concerned as well as the learned Judge,

    Family Court concerned, shall endeavour, to the extent

    administratively feasible, to ensure that all pending and future

    litigations between the parties are coordinated and listed on one

    and the same date so as to minimise multiplicity of appearances,

    avoid unnecessary inconvenience and secure the ends of justice.

    16. It is made clear that while adjudicating the present transfer

    petition, this Court has neither examined nor expressed any

    opinion upon the merits of the disputes inter se the parties. The

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    controversy raised in the substantive proceedings shall be

    independently adjudicated by the competent Court uninfluenced

    by any observation made herein. The present exercise is confined

    only to determination of the forum most conducive and convenient

    for fair adjudication of the disputes between the parties.

    17. The stay application as well as all pending applications, if

    any, also stand disposed of accordingly.

    (FARJAND ALI),J

    358/Pooja Tak/700

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