Rabiya @ Reshma W/O Javed Khan D/O ... vs Javed Khan Son Of Shri Nijam Khan
2023 Latest Caselaw 641 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Transfer Application No. 58/2021

Rabiya @ Reshma W/o Javed Khan D/o Babu Kha, Aged About
26 Years, R/o Plot No. 314, Riddhi Siddhi Nagar, Boyatawala,
Benad Road, Jaipur, District Jaipur (Raj.)
                                                                  ----Petitioner
                                   Versus
Javed Khan Son Of Shri Nijam Khan, R/o Malotana, Post Dehara,
Tehsil Thanagaji, District Alwar, Presently R/o Ward No. 53, Soti
Budana, Kachcha Rasta, Mandrela Road, Jhunjhunu (Raj.)
                                                                ----Respondent

For Petitioner(s) : Mr. Vijendra Yadav, Adv.

For Respondent(s)         :



             HON'BLE MR. JUSTICE SAMEER JAIN

                                    Order

18/01/2023

1. The petitioner-wife has filed transfer application under

Section 24 of CPC seeking transfer of divorce petition filed by the

respondent-husband under the provisions of Muslim Law, having

No. 235/2020, titled as Javed Khan vs. Rabiya @ Reshma pending

before learned Family Court, Jhunjhunu.

2. Learned counsel for the petitioner prays for transfer of the

case pending before Family Court Jhunjhunu, to the Family Court,

Jaipur. It is submitted that the petitioner is not in a position to

contest divorce petition in Jhunjhunu. Learned counsel for the

petitioner submits that marriage was solemnized in Jaipur in the

year, 2013. Thereafter, on account of cruelty, physical and mental

torture, the petitioner left her matrimonial home and is living with

her parents at Jaipur and is financially dependent upon her

(2 of 2) [CTA-58/2021]

parents. The petitioner has also filed complaint under Sections

498-A and 406 of IPC, which are pending adjudication at trial

court in Jaipur.

3. None present for the respondent inspite of service being

effected on 24/05/2022.

4. In facts and circumstances of the case, considering that the

petitioner-applicant is a lady who is financially dependent upon

her parents; that marriage was solemnized at Jaipur; that some

criminal matters are also pending at Jaipur, for the convenience of

petitioner-wife and relying upon the Apex Court judgment of

N.C.V Aishwarya vs. A.S. Saravana Karthik Sha in Civil

Appeal No. 4894/2022, it is directed that the divorce petition

No.235/2020 be transferred from Family Court, Jhunjhunu to the

Family Court, Jaipur.

5. Both parties shall appear before the transferee court on

13.02.2023. By that time, the record of the case be transmitted

from Jhunjunu to the transferee court at Jaipur. It is made clear

that the transferee court shall proceed with the trial at the same

stage, and if either of parties do not appear on the date fixed, the

trial Court may proceed in accordance with law.

6. Accordingly, transfer application is allowed. Pending

applications, if any, stands disposed of.

(SAMEER JAIN),J

ANIL SHARMA /22

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