Rajasthan High Court
Laxmi Bai Goswami W/O Shri Kishan ... vs Kishan Goswami S/O Shri Badri ... on 3 November, 2023
Bench: Sameer Jain
[2023:RJ-JP:32770]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 278/2023
Laxmi Bai Goswami W/o Shri Kishan Lal Goswami, Aged About
31 Years, D/o Shri Badri Prasad R/o Village Neemla Rajgarh, P.s.
Tahla District Alwar.
----Petitioner
Versus
Kishan Goswami S/o Shri Badri Prasad Puri, R/o House No. 28A,
Gopi Colony, Sanganer, Jaipur (Raj.)
----Respondent
For Petitioner(s) : Mr. Mohar Pal Meena
For Respondent(s) : Mr. Paras Jain
HON'BLE MR. JUSTICE SAMEER JAIN
Order
03/11/2023
1. This transfer application has been filed by the
applicant-wife under Section 24 of the Code of Civil Procedure
seeking transfer of Case No. 481/2023 titled as 'Kishan Goswami
Vs. Laxmi Bai Goswami' filed by the respondent-husband under
Section 13 of the Hindu Marriage Act, 1955 from the court of
Additional District and Session Judge No. 10, Jaipur Metropolitan-I
(H.W. Sanganer) to the court of Additional District Judge, Rajgarh,
District Alwar.
2. Heard the arguments advanced by learned counsel for
the parties.
3. Considering the contentions put forth by the learned
counsel for the parties and considering that the applicant is
presently residing in Rajgarh; that the applicant does not have the
infrastructural support, in terms of family members, who can
[2023:RJ-JP:32770] (2 of 3) [CTA-278/2023]
accompany her to court proceedings pending in Jaipur
Metropolitan-I; that multiple proceedings arising out of the
marriage are pending adjudication in Rajgarh (Alwar), including
cases under Section 498A, 406, 377 IPC, Section 12 of the
Protection of Women from Domestic Violence Act; that the
applicant has the responsibility to look after her minor child; that
the applicant-wife is financially deprived with no independent
source of income; considering the provisions of Section 19 of the
Hindu Marriage Act and relying upon the judgments of the Apex
Court in N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha:
Civil Appeal No. 4894/2022, Sumita Singh Vs. Kumar
Sanjay & Ors.: AIR 2002 SC 396, Rajni Kishor Pardeshi Vs.
Kishor Babulal Pardeshi: (2005) 12 SCC 237, and Vaishali
Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap: AIR 2016
SC 3584, this Court is inclined to allow the present transfer
application.
4. Accordingly, the present transfer application is allowed.
Case No. 481/2023 be transferred from the court of Additional
District and Session Judge No. 10, Jaipur Metropolitan-I (H.W.
Sanganer) to the court of Additional District Judge, Rajgarh,
District Alwar.
5. Both parties are directed to appear before the
transferee court on 04.12.2023. By that time, the record of the
case be transmitted to the transferee Court by the Court
concerned. It is made clear that if any of the parties would not
appear on the date fixed by this Court, the transferee court would
be at liberty to proceed in accordance with law.
[2023:RJ-JP:32770] (3 of 3) [CTA-278/2023]
6. It is expected that the transferee court shall dispose of
the matter as expeditiously as possible; preferably within the
prescribed time period as stipulated in the Act.
7. The parties may move appropriate applications seeking
exemption of personal presence, which will be decided by the
transferee court on its own merits. Further, the parties may be
represented by counsels.
8. Stay application and other pending applications, if any,
stand disposed of.
9. Registrar (Judicial) is directed to supply a copy of this
order to the concerned Court (Additional District and Session
Judge No. 10, Jaipur Metropolitan-I (H.W. Sanganer)), forthwith,
for necessary compliance.
(SAMEER JAIN),J
Pooja /417
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