Neha Joshi vs Gaurav Ojha (2023:Rj-Jd:30258)
2023 Latest Caselaw 7345 Raj

[2023:RJ-JD:30258]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 15/2021

Neha Joshi W/o Gaurav Ojha D/o Gopal Joshi, Aged About 26 Years, R/o 20, Kumawat Coloney, Behind Resb Office, Sector-12, Hiranmangri, District Udaipur, Present R/o 515, Vijay Singh Pathik Nagar, Bhilwara (Raj.)

----Petitioner Versus Gaurav Ojha S/o Satyanarayan Ojha, R/o 20, Kumawat Coloney, Behind Resb Office-12, Hiranmangri, District Udaipur (Raj.)

----Respondent

For Petitioner(s) : Mr. Bharat Gurjar For Respondent(s) : Mr. Sanjay Nahar

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.

201/2020 preferred by the respondent herein under Section 9 of

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

Family Court, Bhilwara.

2. Learned counsel for the petitioner submits that the

application under Section 125 Cr.P.C. preferred by the petitioner is

pending before the learned 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:30258] (2 of 2) [CTA-15/2021]

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, Udaipur

to the Family Court, Bhilwara.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.201/2020 under Section

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

No. 1, Udaipur be transferred to the Family Court, Bhilwara.

8. The learned Family Court, Udaipur 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 10.10.2023.

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

trial of the case.

(MADAN GOPAL VYAS),J 99-CPGoyal/-

Powered by TCPDF (www.tcpdf.org)