Nazmin Bano vs Tofiq Ali (2023:Rj-Jd:29296)
2023 Latest Caselaw 7084 Raj

[2023:RJ-JD:29296]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 33/2023

Nazmin Bano W/o Tofifq Ali, Aged About 24 Years, D/o Shri Gani Mohammad, Resident Of Jagajjathpuri Boring Marg, Jhotwara, Jaipur (Raj.)- 302012.

----Petitioner Versus Tofiq Ali S/o Shri Yusuf Khan, Aged About 26 Years, D/o Kayamkhani, Resident Of Village Ganghu, Tehsil And District Churu (Rajasthan)

----Respondent

For Petitioner(s) : Talat Bari 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.

23/2021 preferred by the respondent herein for restitution of

conjugal rights and permanent injunction from the Civil Judge,

Churu to Family Court No.1, Jaipur Metropolitan, Jaipur

2. Learned counsel for the petitioner submits that the

petitioner has already initiated proceedings against the respondent

at Jaipur. Thus it is prayed that application for restitution of

conjugal rights and permanent injunction may also be transferred

to Family Court No.1, Jaipur Metropolitan, Jaipur.

3. Despite service nobody appeared on behalf of the

respondent.

[2023:RJ-JD:29296] (2 of 2) [CTA-33/2023]

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 from Civil

Judge, Churu to the Family Court No.1, Jaipur Metropolitan,

Jaipur

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No 23/2021, pending before

the Civil Judge, Churu be transferred to the Family Court No.1,

Jaipur Metropolitan, Jaipur.

8. The learned Civil Judge, Churu is directed to send the record

of the case to Family Court No.1, Jaipur Metropolitan, Jaipur.

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

No.1, Jaipur Metropolitan, Jaipur on 9.10.2023

10. Learned Family Court No.1, Jaipur Metropolitan, Jaipur is

directed to expedite the trial of the case.

(MADAN GOPAL VYAS),J 127-CPGoyal/-

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