Monika Soni vs Mohanlal
2022 Latest Caselaw 14506 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 207/2022

Monika Soni W/o Mohanlal, Aged About 32 Years, D/o Jagdish Chandra Soni, B/c Soni R/o House No. 50 Satya Colony Second Near Sudama Nagar Chak 7 E Choti Tehsil And District Sri Ganganagar.

----Petitioner Versus Mohanlal S/o Ramsawroop, Aged About 34 Years, B/c Soni R/o Ward No. 31 Old Market Suratghar Tehsil Suratghar District Sri Ganganagar.

----Respondent Connected With S.B. Civil Transfer Appl. No. 132/2022 1 Monika Soni W/o Mohanlal, Aged About 33 Years, D/o Jagdish Chandra Soni B/c Soni At Present R/o House No. 22 Gali No. 8 Ganpati Nagar Chak 6E Choti Sri Ganganagar Distt. Sri Ganganagar.

2. Madhav Soni S/o Mohanlal, Aged About 4 Years, Minor Through His Natural Mother. B/c Soni At Present R/o House No. 22 Gali No. 8 Ganpati Nagar Chak 6E Choti Sri Ganganagar Distt. Sri Ganganagar.

3. Arjun Soni S/o Mohanlal, Aged About 3 Years, Minor Through His Natural Mother. B/c Soni At Present R/o House No. 22 Gali No. 8 Ganpati Nagar Chak 6E Choti Sri Ganganagar Distt. Sri Ganganagar.

----Petitioners Versus Mohanlal S/o Ramsawroop, Aged About 35 Years, B/c Soni, At Present R/o Ward No. 21 Near J.r. Sen School Old Market Suratghar Tehsil Suratghar Distt. Sri Ganganagar.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Amit Pareek
For Respondent(s)        :     Mr. Aakash Kukkar





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         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                      Order

09/12/2022

The present Civil Transfer Petitions have been preferred by

the petitioner wife for transferring the petitions under Section 13A

of the Hindu Marriage Act (Case No124/2022) and petition under

Section 12 of the Guardian and Wards Act (Case Nos. 66/2022 &

67/2022) from the Court of Additional District Judge, Suratgarh to

the Family Court, Sriganganagar.

Learned counsel for the petitioner submits that the petitioner

is a lady and she is having two minor children. It is also submitted

that in the year 2020, the petitioner's mother has expired and

there is no other male member in her family. Learned counsel

further submitted that petitions under Section 125 Cr. P.C. and

under Section 9 of the Hindu Marriage Act are pending

consideration before Family Court, Sriganganagar. Learned cousel

submitted that this Court has already allowed a transfer petition

being No.S.B.Transfer petition No.14/2021 whereby the petition

under Section 9 of the Hindu Marriage Act was transferred from

the Court of Additional District Judge, Suratgarh to Family Court,

Sriganganagar.

Learned counsel appearing for the respondent opposed the

prayer made by learned counsel for the petitioner.

Learned counsel for the respondent submits that the distance

from Suratgarh to Sriganganagar is only 70 Kms. It is also

submitted that respondent's mother is usually remains ill on

account of her old age and there is great hardship to the

respondent to appear at the Family Court Sriganganagar. Learned

counsel further submits that the respondent is ready and willing to

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pay the charges for attending the Court at Suratgarh to the

petitioner. In support of his contentions, learned counsel for the

respondent has relied upon the Supreme Court Judgments in

Preeti Sharma Vs. Manjit Sharma (2005) 11 SCC 535 & Kulwinder

Kaur @ Kulwinder Gurcharan Singh Vs. Kandi Friends Education

Trust and Others (2008) 1 SCC (Civil) 914.

Heard learned counsel for the parties and perused the

documents on record. It is not in dispute that the petitions under

Section 125 Cr. P.C. and under Section 9 of the Hindu Marriage Act

are pending before Family Court, Sriganganagar.

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 into the facts and circumstance of the case and the

reasons mentioned in the transfer petition, the transfer petition is

allowed.

It is ordered that the Civil Case No.124/2022 (Mohanlal Soni

Vs. Monika) under Section 13-A of the Hindu Marriage Act 1955

and Civil Case Nos.66/2022 & 67/2022 (Mohanlal Soni Vs. Monika)

under Section 12 of the Guardian and Wards Act, pending before

the Court of Additional District Judge, Suratgarh be transferred to

the Family Court, Sriganganagar.

The learned Additional District Judge, Suratgarh is directed

to send the record of all the cases to Family Court, Sriganganagar.

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Both the parties are directed to appear before the Family

Court, Sriganganagar on 05.01.2023.

(MADAN GOPAL VYAS),J 76-nidhi/-

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