Pooja vs Amul Dashora (2023:Rj-Jd:35835)
2023 Latest Caselaw 8688 Raj

[2023:RJ-JD:35835]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 154/2021

Pooja W/o Amul Dashora, Aged About 28 Years, 7-D-47, Bapu Nagar Seti Chittorgarh

----Petitioner Versus Amul Dashora S/o Pramod Dashora, Aged About 31 Years, 313 Aditya Awas, New Vihar, Bajrang Nagar, Kota

----Respondent

For Petitioner(s) : Mr. Manish Bohra For Respondent(s) : Mr. Anil Bachhawat

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.

573/2021 preferred by the respondent herein under Section 13 of

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

Family Court, Chittorgarh.

2. Learned counsel for the petitioner submits that the petitioner

is an unemployed lady and is having a minor child, therefore, it

would be difficult for her to attend the court proceedings at Kota.

Thus it is prayed that application under Section 13 of Hindu

Marriage Act may also be transferred to Family Court,

Chittorgarh.

3. Learned counsel appearing for respondent opposed the

prayer made by the learned counsel for the petitioner.

[2023:RJ-JD:35835] (2 of 2) [CTA-154/2021]

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 Family Court No.2,

Kota to the Family Court, Chittorgarh.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.573/2021 under Section

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

Court No.2, Kota be transferred to the Family Court, Chittorgarh

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

record of the case to Family Court, Chittorgarh.

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

Chittorgarh on 6.11.2023.

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

trial of the case and decide the same as early as possible

preferably within a period of six months from the date of passing

of this order.

(MADAN GOPAL VYAS),J 160-CPGoyal/-

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