Nazmeen Khan vs Mohd. Nadeem
2023 Latest Caselaw 6576 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 235/2022

Nazmeen Khan D/o Ikramuddin Khan, Aged About 33 Years, R/o Brij Vihar Colony, Gali No. 03, Naya Ghar Gulabwadi, Ajmer (Raj.)

----Petitioner Versus Mohd. Nadeem S/o Rasid Mohd., By Caste Muslim, R/o Behind Meel Kothi, Arbuda Colony, Abu Road, District Sirohi. (Raj.)

----Respondent

For Petitioner(s) : Mr. DLR Vyas For Respondent(s) : Mr. Om Prakash Kumawat

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

29/08/2023

The present transfer petition under Section 24 of CPC has

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

40/2022 (Mohd. Nadeem Vs. Nazmeen Khan) preferred by the

respondent herein from the learned Civil Judge, Abu Road to

learned Addl. Civil Judge, Ajmer.

2. Learned counsel for the petitioner submits that the

application under Section 12 of the Domestic Voilence Act, 2005 is

pending before the court of Judicial Magistrate, Ajmer. Thus it is

prayed that matrimonial case filed by the respondent may also be

transferred from learned Civil Judge, Abu Road to the court of

learned Addl. Civil Judge, Ajmer.

3. Learned counsel appearing for respondent opposed the

prayer made by learned counsel for the petitioner.

(2 of 2) [CTA-235/2022]

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 matrimonial case

pending before the court of learned Civil Judge, Abu Road to the

Family Court No.1, Ajmer.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.40/2022 (Mohd. Nadeem

Vs. Nazmeen Khan), pending before the court of learned Civil

Judge, Abu Road be transferred to the learned Family Court No.1,

Ajmer.

8. The learned Civil Jude, Abu Road is directed to send the

record of the case to learned Family Court No.1, Ajmer.

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

Court No.1, Ajmer on 11.9.2023.

10. Learned learned Family Court No.1, Ajmer is directed to

expedite the trial of the case.

(MADAN GOPAL VYAS),J 279-CPGoyal/-

Powered by TCPDF (www.tcpdf.org)