Mamta Buliwal vs Rohit Kumar Khinchi
2022 Latest Caselaw 12868 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 44/2022

Mamta Buliwal W/o Rohit Kumar Khinchi, Aged About 34 Years, 126, Pasand Nagar, U.i.t. Colony, Kotda, Ajmer

----Petitioner Versus Rohit Kumar Khinchi S/o Tulsiram Khinchi, Aged About 36 Years, Vedo Ka Bas, Mahamandir, District Jodhpur

----Respondent

For Petitioner(s) : Mr. Gopal Sandhu For Respondent(s) : Mr. Surya Prakash Sharma

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

Date of Judgment: 02/11/2022

The present transfer petition has been preferred by the

petitioner-wife under Section 24 of the Code of Civil Procedure,

1908 for transferring the Case No.903/2021(Rohit Kumar vs.

Mamta Buliwal) filed by the respondent under Section 13 of the

Hindu Marriage Act from the Court of Family Court No.1, Jodhpur

to the Family Court, Ajmer.

Learned counsel appearing for the petitioner submits that the

marriage between the petitioner and the respondent was

solemnized on 28.11.2019 at Ajmer. A few months after marriage,

the respondent and his family members started torturing the

petitioner-wife for demand of dowry and committed domestic

violence on her and therefore, the petitioner lodged a criminal

case under Section 12 read with sections 18, 19, 20, 22 & 23 of

Protection of Women from Domestic Violence Act, 2005. It is also

submitted that in order to harass and humiliate the petitioner, the

(2 of 3) [CTA-44/2022]

respondent has preferred the application under Section 13 of the

Hindu Marriage Act seeking divorce before Family Court No.1,

Jodhpur Metropolitan, Jodhpur. It is further submitted that the

petitioner being lady cannot travel from Ajmer to Jodhpur, which is

about 206 Kms away and there is no other male member in her

family, therefore, it is prayed that the petition under Section 13 of

the Hindu Marriage Act may be transferred from Family Court

No.1, Jodhpur to the Family Court, Ajmer.

Learned counsel appearing for the respondent vehemently

opposed the prayer of the petitioner and submited that the Court

where the petitioner sought the transfer of the petition under

Section 13 of the Hindu Marriage Act comes within the territorial

jurisdiction of the Jaipur Bench of this Court, and therefore, the

petitioner is not entitled to seek transfer of the petition under

Section 13 of the Hindu Marriage Act from the Family Court No.1,

Jodhpur to the Family Court, Ajmer. In support of his contentions,

learned counsel relied upon a judgment of Hon'ble Bombay High

Court delivered in the case of Deepa Piyush Khatri Vs. Piyush

Bandulal Khatri reported in AIR 2019(NOC) 812 (BOA).

I have considered the rival submissions of Learned counsel

for the parties and perused the record. In so far as the ratio laid

down by the Hon'ble Bombay High Court in the case of Deepa

Piyush Khatri (Supra) is concerned, suffice to observed that the

ratio laid down in the said case is distinguishable and is of no help

to the respondent as the transfer was from Aurangabad

(Maharashtra) to Hubbali (Karnataka).

Having regard to the facts and circumstances of the case and

the fact that the petitioner is a lady and cannot travel from Ajmer

to Jodhpur and the fact that the Judge, Family Court, Ajmer is

(3 of 3) [CTA-44/2022]

having ample jurisdiction to decide the lis between the parties

irrespective of the fact that the district Ajmer comes within the

territorial jurisdiction of the Jaipur Bench of this Court, this Court

deems it appropriate to transfer the petition under Section 13 of

the Hindu Marriage Act from the Family Court No.1, Jodhpur to

Family Court, Ajmer.

Not only this, 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, accordingly, the matrimonial proceedings ought to be

transferred where the wife was residing.

Looking to 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 Misc. Case No.903/2021(Rohit

Kumar Khinchi Vs. Smt. Mamta @ Bhumika) pending in the Court

of Family Court No.1, Jodhpur be transferred to the Family Court

Ajmer.

The Judge, Family Court No.1, Jodhpur Metro is directed to

send the record of the case to the Court of Judge, Family Court

Ajmer.

Both the parties are directed to appear before the Judge,

Family Court, Ajmer on 02.12.2022.

(MADAN GOPAL VYAS),J 89-neha/-

Powered by TCPDF (www.tcpdf.org)