Sapna Paliwal vs Ganpat Lal (2023:Rj-Jd:30001)
2023 Latest Caselaw 7288 Raj

[2023:RJ-JD:30001]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 196/2022

Sapna Paliwal D/o Shri Radhey Shyam Paliwal, Aged About 32 Years, W/o Shri Ganpat Lal Paliwal, R/o A-485, Pathik Nagar, Bhilwara (Raj.). (Wife)

----Petitioner Versus Ganpat Lal S/o Shri Champa Lal Paliwal, R/o Railway Station Road, Dr. Guptas Lane, Hukumat Ki Gali, Kabir Ashram, Nayapura, Balotra, Distt. Barmer (Raj.) (Husband)

----Respondent

For Petitioner(s) : Mr. Sanjay Nahar For Respondent(s) : Mr. Pradeep Shah

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.

31/2022 preferred by the respondent herein under Section 9 of

the Hindu Marriage Act 1955, from the Family Court, Balotra to

Family Court, Bhilwara.

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 Family Court, Bhilwara. Thus it is prayed

that application under Section 9 of Hindu Marriage Act may also

be transferred to Family Court, Bhilwara.

3. Learned counsel appearing for respondent opposed the

prayer made by the learned counsel for the petitioner.

[2023:RJ-JD:30001] (2 of 2) [CTA-196/2022]

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 Family Court, Balotra to

the Family Court, Bhilwara.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.31/2022 under Section 9

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

Balotra be transferred to the Family Court, Bhilwara.

8. The learned Family Court, Balotra is directed to send the

record of the case to Family Court, Bhilwara.

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

Bhilwara on 9.10.2023.

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

trial of the case.

(MADAN GOPAL VYAS),J 106-CPGoyal/-

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