Suman Sharma vs Ramswaroop Dadheech ...
2023 Latest Caselaw 7697 Raj

[2023:RJ-JD:31693]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 18/2020

Suman Sharma D/o Nathmal Sharma, Aged About 19 Years, B/c Brahamin, R/o Village Post- Phardod, Tehsil Jayal, District Nagaur (Rajasthan)

----Petitioner Versus Ramswaroop Dadheech S/o Amraram, Aged About 44 Years, B/c Brahmin, R/o Indrawad, Tehsil Merta , District Nagaur (Rajasthan)

----Respondent

For Petitioner(s) : Mr. Mohit Choudhary for Mr. Rajak K.

Haidar For Respondent(s) : Mr. Rajendra Kumar Acharaya

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.

104/2019 preferred by the respondent herein under Section 9 of

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

Addl. District Judge No.1, Nagaur.

2. Learned counsel for the petitioner submits that the

petitioner has already initiated criminal proceedings against the

respondent at the courts at Nagaur. Thus it is prayed that

application under Section 9 of Hindu Marriage Act may also be

transferred to Addl. District Judge No.1, Nagaur.

3. Learned counsel appearing for respondent opposed the

prayer made by the learned counsel for the petitioner.

[2023:RJ-JD:31693] (2 of 2) [CTA-18/2020]

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, Merta to

the Addl. District Judge No.1, Nagaur.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.104/2019 under Section

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

Court, Merta be transferred to the Addl. District Judge No.1,

Nagaur.

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

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

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

Judge No.1, Nagaur on 16.10.2023.

10. Learned Addl. District Judge No.1, Nagaur is directed to

expedite the trial of the case.

(MADAN GOPAL VYAS),J 84-CPGoyal/-

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