Meena vs Surendra Singh Alias Shrawan ...
2023 Latest Caselaw 6578 Raj

[2023:RJ-JD:27447]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 26/2020

1. Meena W/o Shri Surendra Singh @ Shrawan Singh, Aged About 30 Years, D/o Shri Mithu Singh, B/c Rawat, R/o Village Kundal, Tehsil Beawar, At Present Idgah Colony, Near Ashapura Mandir, Vaishali Nagar, Ajmer (Rajasthan)

2. Ku. Tamanna D/o Shri Surendra Singh, Aged About 8 Years, (Minor) Through Her Mother And Natural Guardian Smt. Meena W/o Shri Surendra Singh @ Shrawan Singh, B/c Rawat, R/o Village Kundal, Tehsil Beawar, At Present Idgah Colony, Near Ashapura Mandir, Vaishali Nagar, Ajmer (Rajasthan)

----Petitioners Versus Surendra Singh Alias Shrawan Singh S/o Shri Devi Singh, Aged About 33 Years, B/c Rawat, R/o Village Baggar, Tehsil Bhim, District Rajsamand (Rajasthan) . Second Address - Rajput Surendra Singh R.d. Mobile And Gift Add. 143/1 Shop No. 1, Krishna Apt. Dimpala Soc. Ramnagar, Rander Road, Surat (Gujarat) (Mobile No. 99745-77805)

----Respondent

For Petitioner(s) : Mr. Deelip Kawadiya with Ms. Rakhi Choudhary For Respondent(s) : None present

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 petitioners for transferring the case No.

39/2019 preferred by the respondent herein under Section 13(1)

(1A) of the Hindu Marriage Act 1955, from the Family Court,

Rajsamand to the Family Court, Ajmer.

[2023:RJ-JD:27447] (2 of 3) [CTA-26/2020]

2. Learned counsel for the petitioners submits that the

application under Section 125 of Cr.P.C. preferred by the petitioner

is pending before the learned Family Court, Ajmer. Thus it is

prayed that application under Section 13 of Hindu Marriage Act

may also be transferred from Family Court, Rajsamand to the

Family Court, Ajmer.

3. Despite notice, nobody appeared on behalf of the

respondent.

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 13 of the Hindu Marriage Act from the Family Court,

Rajsamand to the Family Court, Ajmer.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.39/2019 under Section

13(1)(1A) of the Hindu Marriage Act 1955, pending before the

Family Court, Rajsamand be transferred to the Family Court,

Ajmer.

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

record of the case to Family Court, Ajmer.

[2023:RJ-JD:27447] (3 of 3) [CTA-26/2020]

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

Ajmer on 11.9.2023.

10. Learned Family Court, Ajmer is directed to expedite the trial

of the case.

(MADAN GOPAL VYAS),J 101-CPGoyal/-

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