Rajasthan High Court - Jodhpur
Farzana Bano vs Mohammad Rizwan on 19 August, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 9/2023
Farzana Bano W/o Mohammad Rizwan, Aged About 21 Years, D/
o Mohamamd Farook, R/o Khawaja Nagar Colony, Ward No. 40
Merta City, Tehsil Merta, Distt. Nagaur.
----Petitioner
Versus
Mohammad Rizwan S/o Shri Lal Mohammad, R/o Raza Nagar,
Gali No. 4, Ward No. 60, Maderna Colony, Jodhpur. (Rajasthan)
----Respondent
Connected With
S.B. Civil Transfer Appl. No. 8/2023
Mehrun Bano W/o Mohammad Ismile, Aged About 20 Years, D/o
Mohamamd Farook, R/o Khawaja Nagar Colony, Ward No. 40
Merta City, Tehsil Merta, Distt. Nagaur.
----Petitioner
Versus
Mohammad Ismile S/o Shri Lal Mohammad, R/o Raza Nagar, Gali
No. 4, Ward No. 60, Maderna Colony, Jodhpur. (Rajasthan)
----Respondent
For Petitioner(s) : Mr. Sikander Khan
For Respondent(s) : Mr. Sanjay Bishnoi for Mr. Aziz Khan
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
19/08/2023
The present transfer petitions under Section 24 of CPC have
been preferred by the petitioner-wives for transferring the case
Nos. 488/2022 (Mohd. Rizwan Vs. Smt. Farzana Bano) and
487/2022 (Mohd. Ismile Vs Smt. Mehrun Bano) preferred by the
respondents herein for restitution of conjugal rights read with
(2 of 3) [CTA-9/2023]
Section 7 of the Family Courts Act from Family Court No.1,
Jodhpur to Family Court Merta, District Nagaur.
2. Learned counsel for the petitioner submits that the
petitioners have preferred applications under Section 125 of
Cr.P.C. before the Family Court, Merta, District Nagaur and another
application under Section 12 of the Domestic Violence Act before
the court of ACJM No.2, Merta and the same are pending
consideration before the aforesaid Courts. However, in order
harass and humiliate the petitioner, the respondents have
preferred applications for restitution of conjugal rights before the
learned Family Court No.1, Jodhpur. Thus it is prayed that
applications for restitution of conjugal rights may be transferred
from Family Court No.1, Jodhpur to Family Court, Merta, District
Nagaur.
3. Learned counsel appearing for respondents opposes the
prayer made by the learned counsel for the petitioners.
4. 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.
5. Having regard to the facts and circumstances of the case,
this Court deems it appropriate to transfer the applications for
restitution of conjugal rights from Family Court No.1, Jodhpur to
the Family Court, Merta, District Nagaur.
(3 of 3) [CTA-9/2023]
6. The transfer petitions are allowed accordingly.
7. It is ordered that the case Nos.488/2022(Mohd. Rizwan Vs.
Smt. Farzana Bano) and 487/2022 (Mohd. Ismile Vs Smt. Mehrun
Bano) pending before the Family Court No.1, Jodhpur be
transferred to the Family Court, Merta, District Nagaur.
8. The learned Family Court No.1, Jodhpur is directed to send
the record of the case to Family Court, Merta, District Nagaur.
9. Both the parties are directed to appear before Family Court,
Merta, District Nagaur on 4.9.2023.
10. Learned Family Court, Merta, District Nagaur is directed to
expedite the trial of the case preferably within a period of six
months from today.
(MADAN GOPAL VYAS),J
78-79-CPGoyal/-
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