Shyalu vs Ranveer (2023:Rj-Jd:31682)
2023 Latest Caselaw 7695 Raj

[2023:RJ-JD:31682]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Transfer Appl. No. 1/2023

Shyalu W/o Ranveer, Aged About 36 Years, D/o Prabhu Singh, R/ o Chak 2 K, Mirzewala, Tehsil And District Sri Ganganagar, At Present Residing At Jasana, Tehsil Nohar, District Hanumangarh, (Raj.)

----Petitioner Versus Ranveer S/o Sh. Sahiram, Aged About 38 Years, R/o Chak 2 K, Mirzewala, Tehsil And District Sri Ganganagar.

                                                                          ----Respondent


For Petitioner(s)              :    Mr. Vinod Kumar Sihag
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.

13/2022 preferred by the respondent herein under Section 13(1)

of the Hindu Marriage Act 1955, from the Family Court,

Sriganganagar to Addl. District Judge No.1, Nohar, District

Hanumangarh

2. Learned counsel for the petitioner submits that the

applications under Section 12 of the Protection of Women from

Domestic Violence Act and under Section 9 of the Hindu Marriage

Act preferred by the petitioner are pending before the Courts at

Nohar. Thus, it is prayed that application under Section 13(1) of

[2023:RJ-JD:31682] (2 of 3) [CTA-1/2023]

Hindu Marriage Act may also be transferred to Addl. District Judge

No.1, Nohar, District Hanumangarh.

3. Despite service, nobody appeared on behalf of the

respondent.

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(1) of the Hindu Marriage Act from Family Court,

Sriganganagar to the Addl. District Judge No.1, Nohar, District

Hanumangarh.

6. The transfer petition is allowed accordingly.

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

13(1) of the Hindu Marriage Act 1955, pending before the Family

Court, Sriganganagar be transferred to the Addl. District Judge

No.1, Nohar, District Hanumangarh.

8. The learned Family Court, Sriganganagar is directed to send

the record of the case to Addl. District Judge No.1, Nohar, District

Hanumangarh.

9. Both the parties are directed to appear before Addl. District

Judge No.1, Nohar, District Hanumangarh on 16.10.2023.

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10. Learned Addl. District Judge No.1, Nohar, District

Hanumangarh is directed to expedite the trial of the case.

(MADAN GOPAL VYAS),J 97-CPGoyal/-

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