Allowed

Smt Anita v. Padam Kumar Jaliya

Rajasthan HC20 Jan 2015CTA/60/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a transfer application filed by the wife. The case pending before the Family Court, Sawaimadhopur was transferred to the Family Court, Jaipur-I. The court held that the petitioner, a female residing in Jaipur with an aged father, would face difficulties and harassment proceeding to Sawaimadhopur.

What did the court decide?

Transfer of Case No.49/2014 from Family Court, Sawaimadhopur to Family Court, Jaipur-I.

Smt Anita Vs Padam Kumar Jaliya — Civil Procedure and Limitation | Rajasthan HC (2015)

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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN BENCH AT JAI PUR

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SB Civil Misc. Transfer Application No.60/ 2014 Smt. Anita Vs. Sh. Padam Kumar Jaliya

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Date of Order :: 20/ 01/ 2015

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PRESENT HON'BLE MR. JUSTI CE J.K. RANKA

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Mr. BB Ojha, counsel for the petitioner. Mr. Ashish Sharma, counsel for the respondent

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Instant petition has been filed by the petitioner-

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wife seeking transfer of Case No.49/2014, Padam Kumar Vs. Smt. Anita, filed by the respondent-husband under Section 13

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of the Hindu Marriage Act, from Family Court, Sawaimadhopur to Family Court, Jaipur.

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It is stated in the transfer application that the

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marriage was performed at Jaipur on 21/11/2011 and the petitioner is now permanently residing with her old aged father at Jaipur. It has been further contended in the transfer application and argued by counsel for the petitioner that the petitioner, being a female, it would be very difficult for her to travel to Sawaimadhopur on various occasions to pursue the

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matter at Family Court, Sawaimadhpur. It is further contended that the case under Sections 498-A, Domestic Violance Act and other matters are pending at Jaipur and

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therefore, simply to harass the petitioner, the matter has been filed before the Family Court, Sawaimadhopur.

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On the contrary, counsel for the respondent

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strongly objected to the transfer application and contended that the distance between Jaipur and Sawaimadhopur is very

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little and it may not be difficult for the petitioner to appear before the Family Court at Sawaimadhopur. It is further contended that the transfer application has been filed just to harass the respondent and the respondent is without any work and unemployed and strongly objected to transfer of

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the case.

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I have considered the arguments advanced by

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counsel for the parties and perused the material available on record.

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In my view, it would be appropriate to transfer the

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case from Sawaimadhopur to Jaipur as the petitioner, being a lady, would certainly be in a difficult situation in proceeding to Sawaimadhopur on various occasions to pursue the matter there. Further, her old aged father will have to accompany

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her as there is no other person to accompany her, thereby causing inconvenience not only to her but to her old aged father and therefore, in my view, the balance of convenience lies in favour of the petitioner.

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Consequently, the instant transfer application

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stands allowed. The Case No.49/2014, Padam Kumar Vs. Smt. Anita filed by the respondent-husband under Section 13 of the Hindu Marriage Act in Family Court, Sawaimadhopur is

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ordered to be transferred to Family Court, Jaipur-I

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Counsel for both the parties are directed to intimate their respective clients to appear before Family Court, Jaipur-I on 25/02/2015 and thereafter, the Family Court, Jaipur-I will regulate the proceedings.

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(J.K. Ranka), J.

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Raghu

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Cer t i f i cat e: Al l cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng e- mai l ed. Raghu, Sr . PA.

Smt Anita v. Padam Kumar Jaliya

Case brief

What is this about?

What did the court decide?

Smt Anita v. Padam Kumar Jaliya

Case brief

What is this about?

What did the court decide?

What the court decided

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