Rajasthan High Court
Manoj Kumar S/O Shri Ramniwas vs Smt. Priyanka Kumawat W/O Shri ... on 29 March, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 66/2021
Manoj Kumar S/o Shri Ramniwas, Aged About 28 Years, R/o
Village And Post Madhogarh, Tehsil Khetri, District Jhunjhunu
(Raj.) Presently Residing At Plot No. 27-A, Scheme No. 12-E,
Tara Nagar-C, Jhotwara, Jaipur (Raj.)
----Petitioner
Versus
Smt. Priyanka Kumawat W/o Shri Manoj Kumar D/o Shri Mahesh
Kumar, R/o Village Loharwada, Post Thoi, Tehsil Srimadhopur,
District Sikar (Raj.)
----Respondent
For Petitioner(s) : Mr. Subhash Sharma
For Respondent(s) : None present
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
29/03/2022
This transfer application has been filed by petitioner-husband
under Section 24 of the Code of Civil Procedure seeking transfer of
his application for restitution of conjugal rights filed under Section
9 of Hindu Marriage Act, 1955 bearing No. 920/2020 (1138/2020)
from Family Court No. 01, Jaipur Metropolitan to Additional District
& Sessions Judge, Srimadhopur, District Sikar (Raj.).
It has been contended that respondent-wife has filed a
divorce petition under Section 13 of Hindu Marriage Act, 1955
against the applicant-husband being petition No. 65/2020 titled as
Smt. Priyanka Kumawat Vs. Manoj Kumar, which is pending before
the Additional District & Sessions Judge, Srimadhopur, District
Sikar (Raj.).
(2 of 3) [CTA-66/2021]
It has been contended that petitioner-husband has filed
application for restitution of conjugal rights, which is pending
before the Family Court No. 01, Jaipur Metropolitan, Jaipur.
It has been contended that since both petitions are
interlinked and should be heard and decided by the same court in
order to avoid conflicting judgments, therefore, the petition filed
under Section 9 of Hindu Marriage Act by the petitioner-husband
may be transferred to the Additional District & Sessions Judge,
Srimadhopur, District Sikar so as to heard and decide with the
divorce petition filed by respondent-wife.
Notices were issued and service upon respondent-non-
applicant has been completed, however, no one has appeared to
oppose the transfer application.
Heard learned counsel for petitioner.
Having considered submissions made by counsel for
petitioner and in view of fact that two petitions are pending before
the two courts, this court deems it just and proper to transfer the
petition under Section 9 of Hindu Marriage Act, 1955, to the Court
of Additional District & Sessions Judge, Srimadhopur, Sikar where
divorce petition filed by respondent-wife under Section 13 of
Hindu Marriage Act is pending so that both petitions may be heard
and decided together by the same court.
This Court finds support from the judgment of D. Raja
Rajeshwari Vs. R. Staish Kumar Reported in [2022 (2 SCC
329)].
In view of above, the transfer application is allowed.
It has been stated that in the divorce petition next date is 2nd
May, 2022, application under Section 9 be also listed along with
(3 of 3) [CTA-66/2021]
the divorce petition on the same date. Both parties are expected
to appear on the date fixed for hearing before the transferee
Court.
(SUDESH BANSAL),J
SACHIN SHARMA /72
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