Can Family Courts exercise transfer powers because they function like District Courts?
Rajasthan High Court says- No, the power of transfer cases under Section 24 CPC lies only with the High Court or District Court, not Family Courts.
JAIPUR: The Rajasthan High Court at Jaipur, led by Justice Sudesh Bansal and Justice Anil Kumar Upman, settled an important legal issue regarding transfer of matrimonial cases.
The controversy began when Family Court No.1, Bharatpur transferred four pending cases to another Family Court assuming it had the authority to do so under general powers. This action created confusion, especially when Family Court No.2 raised an objection and sought clarity from the High Court on whether such power actually exists.
The matter was placed before the Division Bench through a civil reference under Section 113 CPC. The High Court examined whether Family Courts can transfer cases between themselves within the same district. The Court analysed provisions of the Code of Civil Procedure, Family Courts Act, and Hindu Marriage Act, along with earlier judicial views.
It was argued by one side that since Family Courts exercise jurisdiction similar to District Courts in matrimonial matters, they should also have incidental powers like transfer. However, the opposing side argued that such power is not expressly given and cannot be assumed.
The Court clearly explained that Section 24 of the Code of Civil Procedure gives power of transfer only to the High Court or the District Court. This power is exclusive and cannot be exercised by any other court unless specifically authorised. The judges emphasised that the Family Courts Act, 1984, only provides jurisdiction to hear and decide disputes, and does not grant any power to transfer cases from one Family Court to another.
The Court further relied on the important precedent of Munna Lal vs State of U.P. (AIR 1991 All 189), where it was held that Family Courts act as substitutes for civil courts or magistrates depending on the nature of proceedings, but the power to transfer cases still remains with the High Court under Sections 22, 23 and 24 CPC.
The judgment reinforced the principle that transfer jurisdiction is separate and cannot be assumed merely because a court exercises similar subject-matter jurisdiction.
The High Court also examined an earlier 2017 Single Judge decision which had suggested that Family Courts could transfer cases among themselves to reduce litigation burden. The Division Bench found that this view ignored statutory provisions and created legal inconsistency. It clarified that such observations cannot override clear legislative intent.
It stated:
“Family Court lacks jurisdiction to transfer cases from one Family Court to another even within same District and Section 24 CPC empowers only the District Court or the High Court, not Family Courts to transfer cases.”
The Court made it clear that the entire assumption of power by Family Courts was legally flawed and contrary to the statutory scheme. The court said:
“The view expounded by learned Single Judge in the order dated 24.04.2017… can be held per incuriam and is not a binding judicial precedent, hence, need not to be followed by the Family Courts.”
The High Court further went on to invalidate the specific transfer order passed by the Family Court at Bharatpur, holding that such an order had no legal standing from the very beginning because it was passed without authority.
“The order dated 06.12.2025 has been passed by the Family Court No.1, Bharatpur, without having any jurisdiction of transfer the cases… hence, the order be treated as non-est.”
Reinforcing the correct legal position, the Court clarified that the power to transfer matrimonial or related proceedings lies strictly with higher judicial forums, ensuring that procedural discipline is maintained and lower courts do not overstep their authority.
Explanatory Table: Laws & Sections Involved
| Law / Section | Purpose | What Court Held |
| Section 24 CPC | General power of transfer of cases | Power lies only with High Court or District Court; Family Courts cannot exercise it |
| Section 22 & 23 CPC | Procedure & forum for transfer applications | Reinforces that transfer jurisdiction lies with higher courts |
| Section 113 CPC | Reference to High Court | Used by Family Court to seek clarification in this case |
| Section 7 Family Courts Act, 1984 | Jurisdiction of Family Courts | Gives power to decide cases, not to transfer them |
| Section 10 Family Courts Act | Application of CPC to Family Courts | CPC applies, but cannot override specific limits under Section 7 |
| Section 4 Family Courts Act | Appointment & roles of judges | Only administrative distribution possible, not judicial transfer |
| Section 8 Family Courts Act | Exclusion of jurisdiction of other courts | Does not grant transfer powers to Family Courts |
| Section 21A Hindu Marriage Act | Transfer of petitions in matrimonial disputes | Transfer still to be done by competent court under CPC, not Family Court |
| Sections 3(17) & 3(25) General Clauses Act | Definitions of District Judge & High Court | Clarifies hierarchy for transfer powers |
Case Details
- Case Title: Hema W/o Mohit Bhardwaj vs Mohit Bhardwaj
- Case Type: D.B. Civil Reference No. 1/2026
- Neutral Citation: 2026:RJ-JP:8401-DB
- Court: High Court of Judicature for Rajasthan, Bench at Jaipur
- Date of Order: 24/02/2026
- Bench: Hon’ble Mr. Justice Sudesh Bansal | Hon’ble Mr. Justice Anil Kumar Upman
- Counsels:
- For Petitioner: Mr. Jitendra Mitruka, Mr. Avi Airun, Mr. Hemant Taylor, Mr. Abhishek B. Sharma, Mr. T.C. Swami
- For Respondent: Mr. Chhatrasal Singh Tanwar, Mr. Abhilash Sharma
Key Takeaways
- Family Courts do not have legal authority to transfer matrimonial cases, even within the same district.
- Transfer powers under Section 24 CPC are exclusively vested in the High Court or District Court.
- Any transfer order passed by a Family Court is without jurisdiction and legally void (non-est).
- Earlier judicial views suggesting such powers to Family Courts have been declared per incuriam and not binding.
- Parties seeking transfer of matrimonial cases must approach the High Court to ensure proper legal procedure.
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