Sushila vs Lalit Kumar @ Leelaram ...
2023 Latest Caselaw 7344 Raj

[2023:RJ-JD:30251]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 76/2022

Sushila W/o Lalit Kumar @ Leelaram, Aged About 28 Years, D/o Dinesh Kumar, B/c Suthar, R/o Behind High School, Bhinmal, Distt. Jalore (Raj.)

----Petitioner Versus Lalit Kumar @ Leelaram S/o Sh. Babulal, B/c Suthar, R/o Vinayak Dental Clinic, New Bus Stand, Ward No. 12, Bapur Nagar, Jalore, Tehsil And Distt. Jalore (Raj.)

----Respondent

For Petitioner(s) : Mr. Abhimanu Singh Ranawat For Respondent(s) : Mr. Chaitanya Gehlot Ms. Shiva Gehlot Mr. Bhawani Singh

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

18/09/2023

The present transfer petition under Section 24 of CPC has

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

3/2022 preferred by the respondent herein under Section 13 of

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

Family Court, Bhinmal, District Jalore.

2. Learned counsel for the petitioner submits that the

proceedings in the courts of Bhinmal are already pending due to

the matrimonial dispute between the petitioner and respondents.

Thus it is prayed that application under Section 13 of Hindu

Marriage Act may also be transferred to Family Court, Bhinmal,

District Jalore.

[2023:RJ-JD:30251] (2 of 3) [CTA-76/2022]

3. Learned counsel appearing for respondent opposed the

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

submitted that the petitioner has not raised any legal ground to

transfer the petition under Section 13 of the HM Act to Bhinmal.

It is further submitted that the respondent is by profession is a

doctor and is having threat to his life at Bhinmal and therefore,

the petition may not be transferred.

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, Jalore to

the Family Court, Bhinmal, District Jalore.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.3/2022 under Section 13

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

Jalore be transferred to the Family Court, Bhinmal, District Jalore.

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

record of the case to ADJ Court, Bhinmal, District Jalore.

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

Bhinmal, District Jalore on 10.10.2023.

[2023:RJ-JD:30251] (3 of 3) [CTA-76/2022]

10. Learned Family Court, Bhinmal, District Jalore is directed to

expedite the trial of the case.

(MADAN GOPAL VYAS),J 104-CPGoyal/-

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