Vinita Soni vs Samarth (2023:Rj-Jd:29193)
2023 Latest Caselaw 7083 Raj

[2023:RJ-JD:29193]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 61/2023

Vinita Soni W/o Samarth Soni, Aged About 26 Years, D/o Late Shri Ram Pratap Soni, Presently Residing At Ward No. 20, Taranagar, District Churu.

----Petitioner Versus Samarth S/o Shri Mahesh Soni, Aged About 27 Years, R/o Vallabhnagar (Garden) B-129 Bikaner District Bikaner, Police Station J.n.v.c. Bikaner.

                                                                        ----Respondent


For Petitioner(s)              :    Mr. Devesh A Purohit
For Respondent(s)              :    None present


       HON'BLE MR. JUSTICE MADAN GOPAL VYAS
                     Judgment
12/09/2023

The present transfer petition under Section 24 of CPC has

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

192/2022 preferred by the respondent herein under Section 13A

of the Hindu Marriage Act 1955, from the court of learned Judge,

Family Court-II, Bikaner to the court of learned Addl. District

Judge No.1, Rajgarh, Churu.

2. Learned counsel for the petitioner submits that the

application under Section 125 of Cr.P.C. preferred by the petitioner

is pending before the court of learned Judicial Magistrate,

Taranagar, District Churu. Thus it is prayed that application under

Section 13A of Hindu Marriage Act may also be transferred to the

court of learned Addl. District Judge No.1, Rajgarh, Churu.

3. Despite service nobody appeared on behalf of the

respondent.

[2023:RJ-JD:29193] (2 of 2) [CTA-61/2023]

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 learned Family Court-

II, Bikaner to the court of learned Addl. District Judge No.1,

Rajgarh, Churu.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.192/2022 under Section

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

Court NO.-II, Bikaner be transferred to the the court of learned

Addl. District Judge No.1, Rajgarh, Churu.

8. The learned Family Court NO.-II, Bikaner is directed to send

the record of the case to learned Addl. District Judge No.1,

Rajgarh, Churu.

9. Both the parties are directed to appear before learned Addl.

District Judge No.1, Rajgarh, Churu on 16.10.2023

10. Learned learned Addl. District Judge No.1, Rajgarh, Churu is

directed to expedite the trial of the case.

(MADAN GOPAL VYAS),J 129-CPGoyal/-

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