Allowed

Smt.Ruchika Kanwar v. Praveen Singh

Rajasthan HC8 Apr 2013CTA/49/2012

Case brief

AI extract

What is this about?

A transfer petition was filed by a wife to shift her husband's divorce proceeding from Chittorgarh to Bhilwara, where other pending matrimonial and maintenance cases were already listed, citing her health issues and the convenience of disposal.

What did the court decide?

The Civil Misc. Case No.9/2012 under Section 13 of the Hindu Marriage Act was ordered transferred to the Family Court, Bhilwara.

Smt.Ruchika Kanwar Vs Praveen Singh — Rajasthan HC (2013) — LawSathi Research

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S.B. CIVIL MISC. TRANSFER PETITION NO.49/2012

Smt. Ruchika Kanwar

vs.

Praveen Singh

Date of Order :: 08.04.2013

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. S.S. Rathore, for the appellant. Mr. Abhishek Charan on behalf of Mr. R.K. Charan, for the respondent.

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Heard learned counsel for the parties.

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The present transfer petition has been filed by the petitioner-wife, inter alia, on the grounds that the respondenthusband filed application under Section 13 of the Hindu Marriage Act ('the Act') for dissolution of marriage before the Family Court, Chittorgarh and proceedings initiated by her under the provisions of Protection of Women from Domestic Violence Act, 2005, Section 125 Cr.P.C. and criminal proceedings launched by her by way of filing FIR are all pending at Bhilwara and she is alone and her parents are old and she is suffering from health problems, it would be just and proper if the proceedings under Section 13 of the Act are transferred from the Court of District Judge, Chittorgarh to Family Court, Bhilwara.

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The said prayer is opposed by counsel for the respondenthusband, inter alia, on the ground that distance from Bhilwara to Chittorgarh is about 50-55 kilometers only and the petition has been filed only to harass the respondent.

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Having heard learned counsel for the parties and going through the averments made in the transfer petition and accompanied documents, so also, in view of the fact that

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proceedings initiated by the petitioner herein, though subsequent to the petition filed by the respondent at Chittorgarh, are pending before the Court of District Judge, Bhilwara, even otherwise, the respondent is required to attend the said matters at Bhilwara, it would be in the interest of justice that the transfer petition is allowed.

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In that view of the matter, the transfer petition is allowed. The Civil Misc. Case No.9/2012 under Section 13 of the Act is ordered to be transferred from the Court of District Judge, Chittorgarh to Family Court, Bhilwara. The parties would appear before the Family Court, Bhilwara on 29.04.2013. The record of the above proceedings be immediately transferred from the District Judge, Chittorgarh to Family Court, Bhilwara.

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(ARUN BHANSALI), J.

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A.K. Chouhan/- 7

Smt.Ruchika Kanwar v. Praveen Singh

Case brief

What is this about?

What did the court decide?

Smt.Ruchika Kanwar v. Praveen Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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