Anju vs Abhinav Lamba ...
2023 Latest Caselaw 8684 Raj

[2023:RJ-JD:35842]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 33/2022

Anju W/o Shri Abhinav Lamba, Aged About 36 Years, D/o Shri Tarachand, At Present R/o Village Keharpura Kalan, Tehsil Chirawa, District Jhunjhunu.

----Petitioner Versus Abhinav Lamba S/o Shri Amar Singh, R/o C-15, Sainik Basti, Churu.

                                                                     ----Respondent


For Petitioner(s)              :    Mr. Vikash Bijarnia
For Respondent(s)              :    Mr. KR Saharan

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

18/10/2023

The present transfer petition under Section 24 of CPC has

been preferred by the petitioner-wife for transferring the case

No.117/2019 preferred by the respondent herein under Section

13(1) of the Hindu Marriage Act 1955, from the Family Court,

Churu to Family Court, Jhunjhunu.

2. Learned counsel for the petitioner submits that there is

threat to the life of the petitioner at Churu. Further, the petitioner

is a lady and is having minor child and it would be difficult to

attend the proceedings at Churu. Thus it is prayed that

application under Section 13(1) of Hindu Marriage Act may also be

transferred to Family Court, Jhunjhunu.

3. Learned counsel appearing for respondent opposed the

prayer made by the learned counsel for the petitioner. It is

[2023:RJ-JD:35842] (2 of 2) [CTA-33/2022]

submitted that the petitioner being the Sub Inspector can very

well attend the proceedings at Family Court, Churu.

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(1) of the Hindu Marriage Act from Family Court, Churu

to the Family Court, Jhunjhunu.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.117/2019 under Section

13(1) of the Hindu Marriage Act 1955, pending before the Family

Court, Churu be transferred to the Family Court, Jhunjhunu.

8. The learned Family Court, Churu is directed to send the

record of the case to Family Court, Jhunjhunu.

9. Both the parties are directed to appear before Family Court,

Jhunjhunu on 6.11.2023.

10. Learned Family Court, Jhunjhunu is directed to expedite the

trial of the case.

(MADAN GOPAL VYAS),J 166-CPGoyal/-

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