Rajasthan High Court
Smt. Sapna Kanwar W/O Shri Vijay ... vs Vijay Singh Panwar S/O Shri ... on 29 March, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 109/2019
Smt. Sapna Kanwar W/o Shri Vijay Singh Panwar D/o Shri Nand
Singh Tanwar, Aged About 32 Years, R/o Plot No. 181, 182, 190
Janakpur - II, Imli Phatak, Jyoti Nagar, Jaipur (Rajasthan).
----Petitioner
Versus
Vijay Singh Panwar S/o Shri Ramswaroop Panwar, Aged About 34
Years, (Rajasthan), R/o St. Stephen School Road, Opposite Shiv
Mandir, Makadwali Road, Ajmer (Rajasthan).
----Respondent
For Petitioner(s) : Mr. Satyam Khandelwal
For Respondent(s) : Ms. Sukriti Kasliwal
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
29/03/2022
This transfer application has been filed under Section 24
CPC, seeking transfer of divorce petition filed by respondent under
Section 13 (1) of the Hindu Marriage Act, 1955 from Family Court,
Ajmer to Family Court No.1, Jaipur.
Applicant-wife has filed this transfer application, claiming
inter alia that she has filed an application under Section 9 of the
Hindu Marriage Act for restitution of conjugal rights against
respondent-husband which is pending before the Family Court
No.1, Jaipur, in which respondent has put in appearance and
proceedings are going on. An application under Section 125 of
Cr.P.C. for maintenance has also been filed before the Family Court
No.1, Jaipur City.
It has been claimed that applicant-wife resides at Jaipur and
she has liability of a minor child aged about 10 years, so it would
be cumbersome and inconvenient for her to attend proceedings at
(2 of 3) [CTA-109/2019]
Ajmer. Since, she could not appear, the trial Court also passed an
order for ex parte proceedings against applicant-wife on
28.05.2019. Now applicant-wife has filed an application for setting
aside the ex parte order but as in this transfer application
proceedings of Family Court, Ajmer have been stayed, therefore
the application is pending and the same could not be dismissed.
In such situation applicant-wife has prayed that divorce
petition be transferred to Family Court No.1, Jaipur where other
proceedings initiated by applicant-wife is pending so that she may
be able to contest the divorce petition properly.
Counsel for applicant-wife has placed reliance on judgments
passed by Supreme Court in case of Guda Vijayalakshmi Vs.
Guda Ramachandra Sekhara Sastry [(1981) 2 SCC 646] and
D.Raja Rajeshwari Vs. R. Satish Kumar [(2022) 2 SCC 329].
Respondent-husband has filed reply to transfer application
and opposed the same, however, respondent has not disputed
about the proceedings initiated by applicant-wife, which are
pending before Family Court at Jaipur.
Heard counsel for both parties and perused material
available on record.
It is not in dispute that parties have entered into marriage
on 23.11.2010 and out of said wedlock one son born, who is
presently residing with applicant-wife at Jaipur. It is also not in
dispute that out of aforesaid marriage, matrimonial disputes have
arisen between parties and divorce petition instituted by
respondent-husband is pending before Family Court, Ajmer
whereas application for restitution of conjugal rights and
application for maintenance filed by applicant-wife are pending
before Family Court No.1, Jaipur. This Court while considering
(3 of 3) [CTA-109/2019]
inconvenience of wife having liability of minor child to contest
proceedings of divorce petition at Family Court, Ajmer also thinks
it just and proper that all three cases arising out of matrimonial
dispute between parties should be heard by one Family Court. If in
any case, it is not possible to decide all three cases together at
least divorce petition and application for restitution of conjugal
rights should be heard and decided together by one Court. The
ratio of judgment passed by the Hon'ble Supreme Court in case of
Guda Vijaylakshmi (supra) and D.Raja Rajeshwari (supra) also
propounds the same principle of law.
In view of above, divorce petition No.633/2018 filed by
respondent is directed to be transferred from Family Court, Ajmer
to Family Court No.1, Jaipur.
Since transfer application has been allowed, it is open for
applicant wife to pursue her application for setting aside ex parte
proceedings and to participate in divorce proceedings.
With aforesaid observations, transfer application stands
allowed.
(SUDESH BANSAL),J
NITIN /24
Powered by TCPDF (www.tcpdf.org)
