Allowed

Smt.Rekha v. Jamna Lal

Rajasthan HC12 May 2014CTA/13/2014

Case brief

AI extract

What is this about?

This order allows a transfer petition seeking to move Section 9 proceedings from Family Court, Udaipur to Family Court, Bikaner. The court noted that other proceedings between the same parties are pending at Bikaner, and the respondent resides there, making Udaipur proceedings vexatious and inconvenient.

What did the court decide?

Proceedings under Section 9 of the Hindu Marriage Act pending before Family Court, Udaipur are transferred to Family Court, Bikaner.

Smt.Rekha Vs Jamna Lal — Service and Employment | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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: O R D E R :

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S.B. CIVIL TRANSFER PETITION NO.13/2014

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Smt. Rekha Rathore Vs.

Jamnalal

Date of Order

:: 12.05.2014

PRESENT

HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. S.K. Verma, for the petitioner.

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BY THE COURT:

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Heard learned counsel for the petitioner.

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The present transfer petition has been filed seeking transfer of proceedings pending before the Family Court, Udaipur to Family Court, Bikaner.

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It is, inter alia, indicated in the application that the marriage between the parties was solemnized on 25.11.2013. Whereafter on account of disputes between the parties, a complaint under Section 498A and 323 IPC was filed before Police Station Mahila Thana, District – Bikaner.

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Whereafter, proceedings for dissolution of marriage under Section 13 of the Hindu Marriage Act ('the Act') were filed before the Family Court, Bikaner.

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As a counter blast, the respondent filed proceedings under Section 9 of the Act before the Family Court, Udaipur. The proceedings have essentially been filed to harass the petitioner

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as the petitioner is required to travel from Bikaner to Udaipur, which is at a distance of about 300 Kms. The proceedings under Section 13 of the Act are already pending at Bikaner and the respondent is otherwise required to attend the said proceedings at Bikaner and, therefore, the proceedings pending at Udaipur be ordered to be transferred to Bikaner.

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Despite service, no one is present on behalf of the respondent.

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In the facts and circumstances of the case, when the other matrimonial disputes, which were filed prior in time are pending at Bikaner, the subsequent proceedings filed at Udaipur between the same parties deserves to be transferred to Family Court, Bikaner.

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Consequently, the present petition is allowed. The proceedings under Section 9 of the Act pending before the Family Court, Udaipur is ordered to be transferred to the Family Court, Bikaner.

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Parties shall appear before the Family Court, Bikaner on 15.05.2014.

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The Family Court, Udaipur is directed to transmit the record immediately.

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The stay petition also stands disposed of accordingly.

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(ARUN BHANSALI), J.

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PKS-13

Smt.Rekha v. Jamna Lal

Case brief

What is this about?

What did the court decide?

Smt.Rekha v. Jamna Lal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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