Khushboo Rathore vs Dushyant Rathore
2022 Latest Caselaw 14250 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 96/2022

Smt. Khusboo Rathore W/o Shri Dushyant Rathore, Aged About 30 Years, D/o Late Shri Udai Singh, R/o 136, Gayatri Marg, Udaipur, Distt. Udaipur.

----Petitioner Versus Dushyant Rathore S/o Shri Kishor Singh Rathore, R/o B/4 Ashok Nagar, Dungarpur, Distt. Dungarpur.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Vipin Makkad
For Respondent(s)        :     Mr. Rahul Soni


         HON'BLE MR. JUSTICE MADAN GOPAL VYAS
                                    Order

05/12/2022

The present transfer petition under Section 24 of CPC has

been preferred by the petitioner wife for transferring the case

No.61/2021 (Dushyant Rathore Vs. Smt. Khusboo Rathore)

preferred by the respondent herein under Section 13 of the Hindu

Marriage Act 1955, from the Family Court, Dungarpur to the

Family Court No.1, Udaipur.

Learned counsel for the petitioner submits that the petitioner

has already moved an application under Section 125 Cr.P.C.

bearing No.551/2017 before the learned Family Court No.1,

Udaipur and the same is pending consideration. It is further

submitted that the petition under Section 13 of Hindu Marriage

Act, 1955 has been preferred by the respondent before the Family

Court, Dungarpur only in order to harass and humiliate the

petitioner. The petitioner is residing at Udaipur alongwith a minor

child and the distance from Dungarpur to Udaipur is about 150

(2 of 3) [CTA-96/2022]

KMs. The petitioner being lady is unable to attend day to day

proceedings at Dungarpur. Thus it is prayed that application under

Section 13 of Hindu Marriage Act may be transferred from Family

Court, Dungarpur to Family Court No.1, Udaipur.

Learned counsel appearing for the respondent opposed the

prayer made by the learned counsel for the petitioner and

submitted that a petition under Section 9 of the Hindu Marriage

Act for restitution of conjugal Rights was filed by the respondent

at Dungarpur, which came to be allowed vide judgment dated

25.02.2019.

Having regard to the facts and circumstances of the case and

the fact that the petitioner being lady and is residing at Udaipur,

which is about 150 KMs from Dungarpur is unable to attend day to

day proceedings at Dungarpur, this Court deems it appropriate to

transfer the petition under Section 13 of the Hindu Marriage Act

from the Family Court, Dungarpur to the Family Court No.1,

Udaipur.

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.

Looking to the facts and circumstance of the case and the

reasons mentioned in the transfer petition, the transfer petition is

allowed.

(3 of 3) [CTA-96/2022]

It is ordered that the Civil case No.61/2021 (Dushyant

Rathore Vs. Smt. Khusboo Rathore) under Section 13 of the Hindu

Marriage Act 1955, pending before the Family Court, Dungarpur

be transferred to the Family Court No.1, Udaipur.

The learned Family Court, Dungarpur is directed to send the

record of the case to Family Court No.1, Udaipur.

Both the parties are directed to appear before Family Court

No.1, Udaipur on 22.12.2022.

(MADAN GOPAL VYAS),J 96-nidhi/-

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