Nisha Rajpurohit vs Shailendra Kumar ...
2023 Latest Caselaw 7287 Raj

[2023:RJ-JD:30006]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 2/2023

Nisha Rajpurohit W/o Shailendra Kumar, Aged About 32 Years, D/o Narsingh Rajpurohit, Resident Of Gali No. 04, Hanuman Hatha, Bikaner, Bikaner (Raj.)

----Petitioner Versus Shailendra Kumar S/o Rajendra Singh Rajpurohit, Resident Of In Front Of Boarder Home Gaurad, Indra Nagar, Barmer.

                                                                       ----Respondent


For Petitioner(s)              :    Mr. Virendra Acharaya
For Respondent(s)              :    Mr. NS Rajpurohit



           HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                     Judgment

15/09/2023

The present transfer petition under Section 24 of CPC has

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

217/2022 preferred by the respondent herein under Section 9 of

the Hindu Marriage Act 1955, from the court of Addl. District

Judge No.1, Barmer to Family Court, Bikaner.

2. Learned counsel for the petitioner submits that the

application under Section 13(1) of the Hindu Marriage Act

preferred by the petitioner is pending before the Family Court,

Bikaner. Thus it is prayed that application under Section 9 of Hindu

Marriage Act may also be transferred to Family Court, Bikaner

3. Learned counsel appearing for respondent opposed the

prayer made by the learned counsel for the petitioner. It is

submitted that the petitioner is a government teacher and is

discharging her duties at Government Secondary School,

[2023:RJ-JD:30006] (2 of 3) [CTA-2/2023]

Solankiyon Ki Dhani, Mahabar, Tehsil and District Barmer and

therefore, the application under Section 9 of the Hindu Marriage

Act may not be transferred from Barmer to Bikaner as at present

she is residing at Barmer.

4. In rejoinder, learned counsel appearing for the petitioner

submits that though the petitioner is now transferred to Barmer

but she is having threat perception at Barmer. It is submitted that

an application under Section 13(1) of the Hindu Marriage Act is

pending consideration at Bikaner, therefore, the application under

Section 9 of the Hindu Marriage Act too may be transferred to

Bikaner.

5. 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.

6. 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 court of Adl. District

Judge No.1, Barmer to the Family Court, Bikaner.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.217/2022 under Section

9 of the Hindu Marriage Act 1955, pending before the court of

Addl. District Judge No.1, Barmer be transferred to the Family

Court, Bikaner.

[2023:RJ-JD:30006] (3 of 3) [CTA-2/2023]

8. The learned Addl. District Judge No.1, Barmer is directed to

send the record of the case to Family Court, Bikaner.

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

Bikaner on 9.10.2023.

10. Learned Family Court, Bikaner is directed to expedite the

trial of the case.

(MADAN GOPAL VYAS),J 108-CPGoyal/-

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