[2023:RJ-JD:35850] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 211/2022 Manisha Singh W/o Shri Gajendra Singh, Aged About 31 Years, D/o Shri Lal Bahadur Singh, R/o Jagpura, Police Station Badnor, District Bhilwara. (Rajasthan)
----Petitioner Versus Gajendra Singh S/o Shri Tej Singh Sisodiya, At Present R/o 171, Harsh Nagar, Rampura Chouraha, Udaipur-313001 (Rajasthan)
----Respondent For Petitioner(s) : Mr. Vishan Das For Respondent(s) : Mr. Anuj Sahlot Ms. Deepika Purohit HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment 18/10/2023 The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No.398/2020 preferred by the respondent herein under Section 13(1) of the Hindu Marriage Act 1955, from Family Court No.2, Udaipur to the Court of ADJ, Gulabpura, District Bhilwara.
2. Learned counsel for the petitioner submits that the petitioner has already initiated proceedings against the respondent at Bhilwara. Thus it is prayed that application under Section 13(1) of Hindu Marriage Act may also be transferred to the Court of ADJ, Gulabpura, District Bhilwara.
3. Learned counsel appearing for respondent opposed the prayer made by the learned counsel for the petitioner. Learned counsel for the respondent submits that the respondent is disabled person and his disability is to the extent of 20%. Therefore, the transfer petition may be rejected.
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4. The Hon'ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore Tolani 2010(1) WLC (SC) 705 has observed that in the matrimonial proceedings initiated by the husband against the wife the convenience of the wife has to be considered for contesting the suit, and accordingly the matrimonial proceedings ought to be transferred where the wife is residing.
5. Having regard to the facts and circumstances of the case, this Court deems it appropriate to transfer the petition under Section 13(1) of the Hindu Marriage Act from Family Court No.2, Udaipur to the Court of ADJ, Gulabpura, District Bhilwara.
6. The transfer petition is allowed accordingly.
7. It is ordered that the Civil case No.398/2020 under Section 13(1) of the Hindu Marriage Act 1955, pending before the Family Court No.2, Udaipur be transferred to the Court of ADJ, Gulabpura, District Bhilwara.
8. The learned Family Court No.2, Udaipur is directed to send the record of the case to the Court of ADJ, Gulabpura, District Bhilwara.
9. Both the parties are directed to appear before ADJ, Gulabpura, District Bhilwara on 6.11.2023.
10. Learned ADJ, Gulabpura, District Bhilwara is directed to expedite the trial of the case.
(MADAN GOPAL VYAS),J 173-CPGoyal/-
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