Rajasthan High Court - Jodhpur
Priyanka Shekhawat vs Pallavraj Singh Rathore ... on 4 October, 2023
Bench: Madan Gopal Vyas
[2023:RJ-JD:32686]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 100/2021
Priyanka Shekhawat W/o Pallavraj Singh, Aged About 25 Years,
122, Krishna Colony, Nayakheda, Vidhyadhar Nagar, Jaipur, Dis.
Jaipur
----Petitioner
Versus
Pallavraj Singh Rathore S/o Kuldeep Singh, Aged About 26 Years,
B-27, Adarsh Colony, Nimbaheda, Chittorgarh
----Respondent
For Petitioner(s) : Mr. Devendra Mahalana
For Respondent(s) : Mr. Shanker Singh Shekhawat
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
04/10/2023
The present transfer petition under Section 24 of CPC has
been preferred by the petitioner-wife for transferring the case No.
87/2020 preferred by the respondent herein under Section 13-A of
the Hindu Marriage Act 1955, from Court of the Addl. District &
Sessions Judge No.1, Nimbaheda, District Chittorgarh to the
Family Court No.1, Jaipur Metropolitan, Jaipur.
2. Learned counsel for the petitioner submits that the petitioner
has already initiated proceedings against the respondent at Jaipur.
Thus it is prayed that application under Section 13-A of Hindu
Marriage Act may also be transferred to Family Court No.1, Jaipur
Metropolitan, Jaipur. Learned counsel for the petitioner has also
relied upon the order dated 28.8.2019 passed by the coordinate
Bench of this Court in SB Civil Transfer Application No.112/2015
(Smt. Gayatri Devi Vs. Raghuveer Singh) and other connected
[2023:RJ-JD:32686] (2 of 3) [CTA-100/2021]
matters whereby this Court transferred as many as 103 cases filed
by the husband under Hindu Marriage Act while relying upon the
judgments of the Hon'ble Supreme Court in the case of Sumita
Singh Vs. Kumar Sanjay & Ors reported in (2001) 10 SCC 41 and
other judgments of the Hon'ble Supreme Court.
3. Learned counsel appearing for respondent opposed the
prayer made by the learned counsel for the petitioner.
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-A of the Hindu Marriage Act from Court of Addl.
District & Sessions Judge No.1, Nimbaheda, District Chittorgarh to
the Family Court No.1, Jaipur Metropolitan, Jaipur.
6. The transfer petition is allowed accordingly.
7. It is ordered that the Civil case No.87/2020 under Section
13A of the Hindu Marriage Act 1955, pending before the learned
Addl. District & Sessions Judge No.1, Nimbaheda, District
Chittorgarh be transferred to the learned Family Court No.1, Jaipur
Metropolitan, Jaipur.
[2023:RJ-JD:32686] (3 of 3) [CTA-100/2021]
8. The learned Addl. District & Sessions Judge No.1,
Nimbaheda, District Chittorgarh is directed to send the record of
the case to Family Court No.1, Jaipur Metropolitan, Jaipur.
9. Both the parties are directed to appear before Family Court
No.1, Jaipur Metropolitan, Jaipur on 16.10.2023
10. Learned Family Court No.1, Jaipur Metropolitan, Jaipur is
directed to expedite the trial of the case.
(MADAN GOPAL VYAS),J
168-CPGoyal/-
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