[2023:RJ-JD:30251] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 76/2022 Sushila W/o Lalit Kumar @ Leelaram, Aged About 28 Years, D/o Dinesh Kumar, B/c Suthar, R/o Behind High School, Bhinmal, Distt. Jalore (Raj.)
----Petitioner Versus Lalit Kumar @ Leelaram S/o Sh. Babulal, B/c Suthar, R/o Vinayak Dental Clinic, New Bus Stand, Ward No. 12, Bapur Nagar, Jalore, Tehsil And Distt. Jalore (Raj.)
----Respondent For Petitioner(s) : Mr. Abhimanu Singh Ranawat For Respondent(s) : Mr. Chaitanya Gehlot Ms. Shiva Gehlot Mr. Bhawani Singh HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment 18/09/2023 The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 3/2022 preferred by the respondent herein under Section 13 of the Hindu Marriage Act 1955, from the Family Court, Jalore to Family Court, Bhinmal, District Jalore.
2. Learned counsel for the petitioner submits that the proceedings in the courts of Bhinmal are already pending due to the matrimonial dispute between the petitioner and respondents. Thus it is prayed that application under Section 13 of Hindu Marriage Act may also be transferred to Family Court, Bhinmal, District Jalore.
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3. Learned counsel appearing for respondent opposed the prayer made by the learned counsel for the petitioner. It is submitted that the petitioner has not raised any legal ground to transfer the petition under Section 13 of the HM Act to Bhinmal. It is further submitted that the respondent is by profession is a doctor and is having threat to his life at Bhinmal and therefore, the petition may not be transferred.
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 of the Hindu Marriage Act from Family Court, Jalore to the Family Court, Bhinmal, District Jalore.
6. The transfer petition is allowed accordingly.
7. It is ordered that the Civil case No.3/2022 under Section 13 of the Hindu Marriage Act 1955, pending before the Family Court, Jalore be transferred to the Family Court, Bhinmal, District Jalore.
8. The learned Family Court, Jalore is directed to send the record of the case to ADJ Court, Bhinmal, District Jalore.
9. Both the parties are directed to appear before Family Court, Bhinmal, District Jalore on 10.10.2023. (Downloaded on 12/11/2023 at 06:06:59 AM)
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10. Learned Family Court, Bhinmal, District Jalore is directed to expedite the trial of the case.
(MADAN GOPAL VYAS),J 104-CPGoyal/-
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