Smt. Jyoti Devi W/O Lokesh Gothwal ... vs Lokesh Gothwal S/O Late ...
2023 Latest Caselaw 700 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Transfer Application No. 26/2020

Smt. Umesh Devi W/o Yaduraj D/o Kailash Chand Barala, Aged
About 26 Years, B/c Bunkar, R/o Narayanpur, Th. Thanganji, Dist.
Alwar At Present Residing In Family Line (Rajwat) Alwar
                                                                  ----Petitioner
                                   Versus
Yaduraj Gothwal S/o Late Foolchand Gothwal, Aged About 28
Years, B/c Bunkar, R/o Village Bishngarh, Th. Shapura, Dist.
Jaipur.
                                                                ----Respondent

Connected With S.B. Civil Transfer Application No. 25/2020 Smt. Jyoti Devi W/o Lokesh Gothwal D/o Shri Kailash Chand Barala, Aged About 26 Years, B/c Bunkar, R/o Narayanpur, Theisl Thanagaji, District Alwar (Raj) At Present Residing In Family Line (Rajawat) Alwar (Raj)

----Petitioner Versus Lokesh Gothwal S/o Late Phoolchand Gothwal, Aged About 28 Years, B/c Bunkar, R/o Village Bishangarh, Tehsil Shahpura, District Jaipur (Raj)

----Respondent

For Petitioner(s) : Mr. Anil Kumar Jain, Adv.

For Respondent(s)         :    None present


         HON'BLE MR. JUSTICE SAMEER JAIN
                      Order
20/01/2023

1. The matter has come up for hearing. Service in the matter is

complete. The order-sheets reflects that no one is appearing on

behalf of the respondent from the last 4-5 occasions. Even today,

when the matter was called, no one appeared for the respondents

2. It is submitted by learned counsel for the petitioner that both

the petitioners are sisters who were married to real brothers. By

(2 of 2) [CTA-26/2020]

way of present transfer applications, transfer is sought from

concerned court Shahpura Jaipur to Family Court Alwar.

3. Considering the body of writ petition and the fact that

divorce petition under Section 13 of Hindu Marriage Act, 1955, is

filed by the petitioners at Alwar; that they are financially

dependent upon their parents; that marriage was solemnized in

the year 2015; that they are living at their parents' house, for the

convenience of petitioners and relying upon the Apex Court

judgment of N.C.V Aishwarya vs. A.S. Saravana Karthik Sha

in Civil Appeal No. 4894/2022, this Court deems it appropriate

to allow the present transfer applications.

4. It is directed that the petitions No. 04/2019 and 05/2019

filed under Section 9 of HMA before Family Court, Shapura Jaipur

be transferred to the Family Court, Alwar. The said petitions may

be clubbed with the petitions filed under Section 13 of HMA by the

petitioners.

5. Both parties shall appear before the transferee court on

20.02.2023. By that time, the record of the case be transmitted

from Shapura Jaipur to the transferee court at Alwar. 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. It is expected that the learned Family Court, Alwar shall

dispose of the matters as expeditiously as possible; preferably

within the prescribed time period as stipulated in the Act.

7. Accordingly, transfer applications are allowed. Pending

applications, if any, stands disposed of.

(SAMEER JAIN),J

ANIL SHARMA /4-5

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