Swati Jethani vs Rahul Vasandani ...
2023 Latest Caselaw 7086 Raj

[2023:RJ-JD:29214]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 69/2022

Swati Jethani W/o Rahul Vasandani And D/o Late Shri Ramesh Kumar Jethani, Aged About 32 Years, By Sindhi R/o Plot No. 83 Near Kardhani Shopping Center Malviya Nagar Jaipur Raj.

----Petitioner Versus Rahul Vasandani S/o Shri Kishore Vasandani, Aged About 33 Years, B/c Sindhi R/o House No. 205 Mansarovar Colony Near Delhi School Jodhpur Raj.

                                                                        ----Respondent



For Petitioner(s)              :    Mr. Nitin Gokhalani
For Respondent(s)              :    Mr. Hemant Jain



           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.

43/2021 preferred by the respondent herein under Section 9 of

the Hindu Marriage Act 1955, from the Family Court No.1, Jodhpur

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

2. Learned counsel for the petitioner submits that the

application under Section 12 of the Domestic Violence Act has

been preferred by the petitioner is pending before the learned

learned Addl. Chief Judicial Magistrate No.4, Jaipur Metropolitan,

Jaipur and an application under Section 125 of Cr.P.C. claiming

interim maintenance is also pending before the Family Court No.1,

[2023:RJ-JD:29214] (2 of 3) [CTA-69/2022]

Jaipur Metropolitan, Jaipur. Thus it is prayed that application

under Section 9 of Hindu Marriage Act may also be transferred to

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

3. Learned counsel appearing for respondent opposed the

prayer made by the learned counsel for the petitioner.

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 the Family Court No.1,

Jodhpur 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.43/2021 under Section 9

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

No.1, Jodhpur be transferred to the Family Court No.1, Jaipur

Metropolitan, Jaipur.

8. The learned Family Court No.1, Jodhpur 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 3.10.2023.

[2023:RJ-JD:29214] (3 of 3) [CTA-69/2022]

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

directed to expedite the trial of the case.

(MADAN GOPAL VYAS),J 394-CPGoyal/-

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