Mohini @ Palak vs Vicky (2023:Rj-Jd:37725)
2023 Latest Caselaw 9060 Raj

[2023:RJ-JD:37725]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 35/2022

Mohini @ Palak D/o Narayandas, Aged About 30 Years, Nandnagar, Gali No. 05, Beawer, District Ajmer

----Petitioner Versus Vicky S/o Chela Ram, Aged About 35 Years, Sector No. 04, Hiranmagari, Udaipur

----Respondent

For Petitioner(s) : Mr. Naresh Khatri For Respondent(s) : None present

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

03/11/2023

The present transfer petition under Section 24 of CPC has

been preferred by the petitioner-wife for transferring the Case No.

106/2018 preferred by the respondent herein under Section 13 of

the Hindu Marriage Act, 1955 from the learned Family Court, No.

1, Udaipur to learned Family Court at Beawer, District-Ajmer.

2. Learned counsel for the petitioner submits that the petitioner

being lady is unable to travel from Udaipur to Beawer. The learned

counsel further submits that one case of Domestic Violence is

already pending at Beawer and the respondent is regularly

attending the case at Beawer. The respondent has filed the

present application under Section 13 of Hindu Marriage Act, in

order to harass the petitioner. The petitioner is presently residing

at Beawer with her parents. Thus, it is prayed that application

under Section 13 of Hindu Marriage Act may also be transferred

[2023:RJ-JD:37725] (2 of 3) [CTA-35/2022]

from the learned Family Court, No. 1, Udaipur to learned Family

Court at Beawer, District-Ajmer.

3. Despite service, 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 learned Family Court,

No. 1, Udaipur to the Learned Family Court at Beawer, District-

Ajmer.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Case No. 106/2018 under Section 13 of

the Hindu Marriage Act, 1955 pending before the learned Family

Court No. 1, Udaipur be transferred to the learned Family Court at

Beawer, District-Ajmer.

8. The learned Family Court No. 1, Udaipur is directed to send

the record of the case to learned Family Court at Beawer, District-

Ajmer.

9. Both the parties are directed to appear before learned Family

Court at Beawer, District-Ajmer on 28.11.2023.

[2023:RJ-JD:37725] (3 of 3) [CTA-35/2022]

10. Learned Family Court at Beawer, District-Ajmer is directed to

expedite the trial of the case.

(MADAN GOPAL VYAS),J 105-Dinesh/-

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