[2023:RJ-JD:31682] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 1/2023 Shyalu W/o Ranveer, Aged About 36 Years, D/o Prabhu Singh, R/ o Chak 2 K, Mirzewala, Tehsil And District Sri Ganganagar, At Present Residing At Jasana, Tehsil Nohar, District Hanumangarh, (Raj.)
----Petitioner Versus Ranveer S/o Sh. Sahiram, Aged About 38 Years, R/o Chak 2 K, Mirzewala, Tehsil And District Sri Ganganagar.
----Respondent
For Petitioner(s) : Mr. Vinod Kumar Sihag
For Respondent(s) : None present
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment 26/09/2023 The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the Case No. 13/2022 preferred by the respondent herein under Section 13(1) of the Hindu Marriage Act 1955, from the Family Court, Sriganganagar to Addl. District Judge No.1, Nohar, District Hanumangarh
2. Learned counsel for the petitioner submits that the applications under Section 12 of the Protection of Women from Domestic Violence Act and under Section 9 of the Hindu Marriage Act preferred by the petitioner are pending before the Courts at Nohar. Thus, it is prayed that application under Section 13(1) of (Downloaded on 12/11/2023 at 06:34:59 AM) [2023:RJ-JD:31682] (2 of 3) [CTA-1/2023] Hindu Marriage Act may also be transferred to Addl. District Judge No.1, Nohar, District Hanumangarh.
3. Despite service, nobody appeared on behalf of the respondent.
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, Sriganganagar to the Addl. District Judge No.1, Nohar, District Hanumangarh.
6. The transfer petition is allowed accordingly.
7. It is ordered that the Civil Case No.13/2022 under Section 13(1) of the Hindu Marriage Act 1955, pending before the Family Court, Sriganganagar be transferred to the Addl. District Judge No.1, Nohar, District Hanumangarh.
8. The learned Family Court, Sriganganagar is directed to send the record of the case to Addl. District Judge No.1, Nohar, District Hanumangarh.
9. Both the parties are directed to appear before Addl. District Judge No.1, Nohar, District Hanumangarh on 16.10.2023. (Downloaded on 12/11/2023 at 06:34:59 AM)
[2023:RJ-JD:31682] (3 of 3) [CTA-1/2023]
10. Learned Addl. District Judge No.1, Nohar, District Hanumangarh is directed to expedite the trial of the case.
(MADAN GOPAL VYAS),J 97-CPGoyal/-
(Downloaded on 12/11/2023 at 06:34:59 AM) Powered by TCPDF (www.tcpdf.org)