Kritika vs Manoj Kumar
2022 Latest Caselaw 5142 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 65/2022

Kritika D/o Shri Phool Chand Chouhan, Aged About 28 Years, B/c Jingar, R/o Nehru Nagar, Near Veterinary Hospital, Kotdi District Bhilwara

----Petitioner Versus Manoj Kumar S/o Shri Hasta Ram Borana, B/c Jingar, R/o Rajasthan Housing Board Colony, Sirohi

----Respondent

For Petitioner(s) : Mr. R.S. Chundawat For Respondent(s) : Mr. Harshvardhan Singh Chundawat

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment 06/04/2022

The present transfer petition has been preferred by the

petitioner with the prayer that the Civil Misc. Case No.108/2021

filed by the respondent under Section 13 of the Hindu Marriage

Act pending before the learned Family Court, Sirohi may be

transferred to the learned Family Court, Bhilwara.

Learned counsel for the petitioner argued that the

respondent filed petition against the petitioner under Section 13 of

the Hindu Marriage Act before the Family Court, Sirohit. It is

submitted that the petitioner is living at Bhilwara and certain

matrimonial proceedings are also pending before the Courts at

Bhilwara between the petitioner and the respondent. It is

submitted by the learned counsel for the petitioner that the

petitioner being a lady, it is very difficult for her to travel from

Sirohi to Bhilwara which is about 263 Kms away from her

residential place at Bhilwara. Therefore, the case No.108/2021

may also be transferred to the Family Court, Bhilwara.

(2 of 2) [CTA-65/2022]

Per contra learned counsel for the respondent oppose the

prayer made by the petitioner.

I have heard learned counsel for the petitioner and perused

the documents on record.

It is not in dispute that the petitioner is staying at Bhilwara

and an application under Section 12 and 23(5) of the Protection of

Women from Domestic Violence Act, is pending consideration at

the competent court of jurisdiction at Bhilwara. The Hon'ble

Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet

Laghmani vs. Jitesh Kishore Tolani reported in 2010(1) WLC (SC)

705 has observed that in the matrimonial proceedings instituted

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

to be considered in contesting the suit and accordingly, the

matrimonial proceedings ought to be transferred where the wife

was residing.

Looking to the facts and circumstances of the case and the

reasons mentioned in the transfer petition, the transfer petition is

allowed. It is ordered that the Civil Misc. Case No.108/2021

pending in the court of Judge, Family Court, Sirohi titled as "Manoj

Kumar vs. Kritika" be transferred to the court of Judge, Family

Court, Bhilwara.

The Judge, Family Court, Sirohi is directed to send the record

of the case to the Court of Judge, Family Court, Bhilwara.

Both the parties are directed to appear before the Judge,

Family Court, Bhilwara on 26.07.2022.

(MADAN GOPAL VYAS),J

60-Jagjeet/-

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