Rajasthan High Court
Smt. Beena Indu W/O Mahendra ... vs Mahendra Kumar Verma S/O Shri ... on 9 March, 2023
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 107/2020
Smt. Beena Indu W/o Mahendra Kumar, D/o Shri G.r. Indu
----Petitioner
Versus
Mahendra Kumar Verma S/o Shri Jairam Verma,
----Respondent
For Petitioner(s) : None
For Respondent(s) : None
HON'BLE MR. JUSTICE SAMEER JAIN
Order
09/03/2023
1. Pursuant to order dated 13/02/2023 passed by this Court,
record of Application No.110/2019 (under Section 9 of Hindu
Marriage Act) and Application No.06/2021 (under Section 13 of
Hindu Marriage Act) has been sent by the learned Family Court,
Dausa.
2. On perusal of the said record, it is reflected that the
proceedings under Section 9 of the Hindu Marriage Act were
initiated by the non-petitioner before the concerned Family Court
at Dausa in which present SB Transfer Application No.107/2020
was filed by the petitioner before this Court and vide order dated
08/12/2020, this Court while issuing notices stayed further
proceedings before the Family Court, Dausa in Application
No.110/2019. On perusal of the record, it is also reflected that on
11/08/2021, despite there being stay by this Court on further
proceedings in Application No.110/2029, the learned Family Court,
Dausa dismissed the application No.110/2019 as not pressed.
(2 of 3) [CTA-107/2020]
Parallely, the non-petitioner, while concealing the fact of filing
application under Section 9 of the Hindu Marriage Act and also
filing of the present transfer application, filed another application
(Application No.06/2021) under Section 13 of Hindu Marriage Act
on the ground of desertion before the learned Family Court,
Dausa. The application No.06/2021 was filed on 11/01/2021 i.e.
before dismissal of the application no.110/2019 (under Section 9
of Hindu Marriage Act) as not pressed. In the application
no.06/2021 under Section 13 of Hindu Marriage Act also, a
Transfer Application no.135/2021 was filed before this Court in
which notices were issued on 24/09/2021 and the same were on
record of the learned Family Court, Dausa.
3. In the said background, the ex-parte order dated 23.10.2021
was passed in Application No. 06/2021 under Section 13 Section
13 of Hindu Marriage Act, without considering the stay order dated
08.12.2020 in the present Transfer Application No.107/2020 and
in spite of issuance of notices in Transfer Application No.135/2021.
4. The explanation furnished by the concerned Presiding Officer
of the Family Court, Dausa is also against the canons of the CPC
and the practice adopted by the Family Courts. Application under
Section 9 and under Section 13 of the Hindu Marriage Act between
the same parties are interconnected matters and not distinct. In
the facts and circumstances of the case, the explanation
submitted is not an acceptable explanation. Reliance placed on the
judgment of the Apex Court in Asian Resurfacing of Road
(3 of 3) [CTA-107/2020]
Agency Private Limited & Anr. Vs. Central Bureau of
Investigation: (2018) 16 SCC 209 is also misplaced.
5. Since the Advocates are not appearing on account of strike
and even the parties are not present in Court, this Court deems it
appropriate to list the present matter on 22/03/2023 at 2.00 PM.
6. Both the parties are directed to remain present before this
Court on the next date.
7. Appropriate orders on the explanation submitted by the
concerned Presiding Officer, Family Court, Dausa shall be passed
on the next date.
8. Accordingly, list this case on 22/03/2023 at 2.00 PM for final
disposal alongwith SB Transfer Application No.135/2021 and the
concerned record.
(SAMEER JAIN),J
Raghu/5
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