Vidhya Tanwar @ Tina Bhati vs Ashok Bhati (2023:Rj-Jd:35849)
2023 Latest Caselaw 8686 Raj

[2023:RJ-JD:35849]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 113/2022

Vidhya Tanwar @ Tina Bhati W/o Ashok Bhati, Aged About 31 Years, D/o Sohanlal Tanwar, B/c Bhati, R/o Khadi Mandir, Near Chotina Well, Bikaner.

----Petitioner Versus Ashok Bhati S/o Ganesh Bhati, B/c Bhati, R/o Village Khichan, Tehsil Phalodi, Distt. Jodhpur.

----Respondent

For Petitioner(s) : Mr. Nishank Madan For Respondent(s) : Mr. Keshar Singh

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.

498/2020 preferred by the respondent herein under Section 9 of

the Hindu Marriage Act 1955, from the Family Court No.2, Jodhpur

to Family Court No.1, Bikaner.

2. Learned counsel for the petitioner submits that the

petitioner has already initiated proceedings against the respondent

at Bikaner. Thus it is prayed that application under Section 9 of

Hindu Marriage Act may also be transferred to Family Court No.1,

Bikaner.

3. Learned counsel appearing for respondent opposed the

prayer made by the learned counsel for the petitioner.

[2023:RJ-JD:35849] (2 of 2) [CTA-113/2022]

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 9 of the Hindu Marriage Act from Family Court No.2,

Jodhpur to the Family Court No.1, Bikaner.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.498/2020 under Section 9

of the Hindu Marriage Act 1955, pending before the Family Court

No.2, Jodhpur be transferred to the Family Court No.1, Bikaner.

8. The learned Family Court No.2, Jodhpur is directed to send

the record of the case to Family Court No.1, Bikaner.

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

No.1, Bikaner on 6.11.2023.

10. Learned Family Court No.1, Bikaner is directed to expedite

the trial of the case.

(MADAN GOPAL VYAS),J 171-CPGoyal/-

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