Vinita vs Rajendra Kumar Soni ...
2023 Latest Caselaw 6198 Raj

[2023:RJ-JD:26588]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 87/2021

Vinita W/o Rajendra Kumar D/o Narayanram, Aged About 24 Years, Through Omprakash House No.01, Inside Merti Gate, Udai Mandir, Jodhpur

----Petitioner Versus Rajendra Kumar Soni S/o Hemraj Soni, Aged About 32 Years, Jawhar Pyau Phalodi, District Jodhpur

----Respondent

For Petitioner(s) : Ms. Laxmi Bohra For Respondent(s) : Mr. CP Soni

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

22/08/2023

The present transfer petition under Section 24 of CPC has

been preferred by the petitioner-wife for transferring the case No.

18/2020 (Rajendra Vs. Vinita) preferred by the respondent herein

under Section 9 of the Hindu Marriage Act 1955, from the Family

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

2. Learned counsel for the petitioner submits that the petitioner

is residing with her parents at Jodhpur and has already filed an

applications under Section 125 of Cr.P.C. seeking maintenance and

under Section 25 of the Guardianship and Wards Act for custody of

children in Family Court at Jodhpur. It is further submitted that

the application under Section 9 of Hindu Marriage Act has been

preferred by the respondent at Phalodi only in order to harass the

petitioner. Thus, it is prayed that application under Section 9 of

[2023:RJ-JD:26588] (2 of 3) [CTA-87/2021]

Hindu Marriage Act may also be transferred from Family Court,

Phalodi to the Family Court No.1, Jodhpur.

3. Learned counsel appearing for respondent opposed the

prayer made by learned counsel for the petitioner and submits

that the petitioner is residing at Osiyan and the distance from

Osiyan to Phalodi is merely 45 kms. Therefore, it is submitted

that the present transfer petition may be rejected.

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 petition under

Section 9 of the Hindu Marriage Act from the Family Court, Phalodi

to the Family Court No.1, Jodhpur.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.18/2020 (Rajendra Vs.

Vinita) filed under Section 9 of the Hindu Marriage Act 1955 by

the respondent-husband and pending before the Family Court,

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

8. The learned Family Court, Phalodi is directed to send the

record of the case to Family Court No.1, Jodhpur.

9. Both the parties are directed to appear before Family Court

No.1, Jodhpur on 17.09.2023.

[2023:RJ-JD:26588] (3 of 3) [CTA-87/2021]

10. Learned Family Court No.1, Jodhpur is directed to expedite

the trial of the case.

(MADAN GOPAL VYAS),J 86-CPGoyal/-

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