Heena Bano vs Mohammed Sharif ...
2023 Latest Caselaw 7694 Raj

[2023:RJ-JD:31687]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 73/2023

Heena Bano W/o Mohammed Sharif, Aged About 22 Years, D/o Mohammed Salim, Resident Of Juni Bagar Chauk, Laadnu Ki Haveli, Jodhpur

----Petitioner Versus Mohammed Sharif S/o Mohammed Juhur, Aged About 25 Years, Resident Of Aabkari Road, Gosivada, Choti Gali, Aburoad.

                                                                        ----Respondent


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

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

26/09/2023

The present transfer petition under Section 24 of CPC has

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

19/2023 preferred by the respondent herein for restitution of

conjugal rights from the Civil Judge, Abu Road to Civil Judge,

Jodhpur.

2. Learned counsel for the petitioner submits that the

applications under Section 23 of the Protection of Women from

Domestic Violence Act and under Section 125 of the Cr.P.C seeking

maintenance preferred by the petitioner are pending before the

courts at Jodhpur. Thus, it is prayed that civil case for restitution

of the conjugal rights preferred by the respondent may also be

transferred to the court of Civil Judge, Jodhpur.

3. Despite service, nobody appeared on behalf of the

respondent.

[2023:RJ-JD:31687] (2 of 2) [CTA-73/2023]

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 civil case for

restitution of conjugal rights from Civil Judge, Abu Road to the

Civil Judge, Jodhpur.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil Case No.19/2023 preferred by the

respondent for restitution of the conjugal rights pending before

the Civil Judge, Abu Road be transferred to the Civil Judge,

Jodhpur.

8. The learned Civil Judge, Abu Road is directed to send the

record of the case to Civil Judge, Jodhpur.

9. Both the parties are directed to appear before Civil Judge,

Jodhpur on 16.10.2023

10. Learned Civil Judge, Jodhpur is directed to expedite the trial

of the case.

(MADAN GOPAL VYAS),J 101-CPGoyal/-

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