Priyanka vs Ravi Kumar (2023:Rj-Jd:27938)
2023 Latest Caselaw 6805 Raj

[2023:RJ-JD:27938]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 79/2023

Priyanka W/o Shri Ravi Kumar, Aged About 30 Years, D/o Shri Sant Kumar Kulchaniya, Resident Of Vpo Birmana, Tehsil Suratgarh, District Sri Ganganagar, At Present Resident Of Of Kedar Colony, Suratgarh By Pass, In Front Of Vikramaditya Hotel, Sri Ganganagar (Rajasthan)

----Petitioner Versus Ravi Kumar S/o Shri Puran Chand Mahar, Aged About 33 Years, Resident Of 4-E-314, Jnv Colony, Bikaner (Rajasthan)

----Respondent

For Petitioner(s) : Mr. Navneet Poonia For Respondent(s) : Mr. Himmat Jagga

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

04/09/2023

The present transfer petition under Section 24 of CPC has

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

182/2023 (Ravi Kumar Vs. Priyanka) preferred by the respondent

herein under Section 13A of the Hindu Marriage Act 1955, from

the Family Court No.1, Bikaner to the Family Court, Sri

Ganganagar.

2. Learned counsel for the petitioner submits that the

application under Section 12 of Domestic Violence Act preferred by

the petitioner is pending before the learned Addl. Chief Judicial

Magistrate, Sri Ganganagar. Thus it is prayed that application

under Section 13A of Hindu Marriage Act may also be transferred

from Family Court No.1, Bikaner to the Family Court, Sri

Ganganagar.

[2023:RJ-JD:27938] (2 of 3) [CTA-79/2023]

3. Learned counsel appearing for respondent does not dispute

the prayer made by the learned counsel for the petitioner.

Learned counsel for the respondent further submits that he has

filed an application (IA No.1/2023) seeking directions to withdraw

the petition under Section 13A of the Hindu Marriage Act.

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 13A of the Hindu Marriage Act from the Family Court No.1,

Bikaner to the Family Court, Sri Ganganagar.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.182/2023 (Ravi Kumar

Vs. Priyanka) under Section 13A of the Hindu Marriage Act 1955,

pending before the Family Court No.1, Jodhpur be transferred to

the Family Court, Sri Ganganagar.

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

the record of the case to Family Court, Sri Ganganagar.

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

Sri Ganganagar on 18.9.2023 and in case, the respondent files

and application for withdrawal of the application under Section

[2023:RJ-JD:27938] (3 of 3) [CTA-79/2023]

13A of the Hindu Marriage Act, the learned Family Court, Sri

Ganganagar may decide the same in accordance with law.

10. All the interlocutory applications as well as the stay

application also stand disposed of accordingly.

(MADAN GOPAL VYAS),J 119-CPGoyal/-

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