Shri Krishna Joshi vs Mahendra Saraswat ...
2023 Latest Caselaw 7236 Raj

[2023:RJ-JD:29827]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Transfer Appl. No. 131/2023

Shri Krishna Joshi W/o Shri Mahendra Saraswat, Aged About 26 Years, D/o Shri Kailash Chand, By Caste Joshi, Resident Of Ward No. 8, Parbatsar, Bhakri, Molaas, District Nagaur (Raj.) (Wife)

----Petitioner Versus Mahendra Saraswat S/o Shri Prahlad Rai Saraswat, Resident Of 30, Jyoti Nagar, Harni Mahadev, Main Road Bhilwara (Raj.) At Present B-62 Mtm, R.k. Colony Bhilwara (Raj.) (Husband)

----Respondent

For Petitioner(s) : Mr. Narendra Singh Rajpurohit For Respondent(s) : None present

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

14/09/2023

The present transfer petition under Section 24 of CPC has

been preferred by the petitioner-wife for transferring the case

No.206/2023 preferred by the respondent herein under Section 13

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

Bhilwara to the court of learned Addl. District Judge, Parbatsar,

District Nagaur.

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 Addl. Chief Judicial Magistrate,

Parbatsar, District Nagaur. Thus it is prayed that application under

[2023:RJ-JD:29827] (2 of 3) [CTA-131/2023]

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

court of learned Addl. District Judge, Parbatsar, District Nagaur.

3. Despite service nobody appeared on behalf of the

respondent.

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.1,

Bhilwara to the court of learned Addl. District Judge, Parbatsar,

District Nagaur

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.206/2023 under Section

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

Court No.1, Bhilwara be transferred to the court of learned Addl.

District Judge, Parbatsar, District Nagaur.

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

the record of the case to the court of learned Addl. District Judge,

Parbatsar, District Nagaur

9. Both the parties are directed to appear before the court of

learned Addl. District Judge, Parbatsar, District Nagaur on

3.10.2023.

[2023:RJ-JD:29827] (3 of 3) [CTA-131/2023]

10. Learned Addl. District Judge, Parbatsar, District Nagaur is

directed to expedite the trial of the case.

(MADAN GOPAL VYAS),J 134-CPGoyal/-

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