The High Court of Rajasthan at Jodhpur dismissed the transfer application granting liberty to the petitioner to file a fresh application after the decision on the petition for setting aside an ex-parte order in pending matrimonial proceedings.
Transfer application dismissed with liberty to file fresh application after decision on setting aside ex-parte order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 165/2018
Meenakshi W/o Dhanraj, Aged About 22 Years, D/o Shri Jagdish Makad, B/c Jangid, Presently R/o At 83, Prem Nagar, Banar Road, Jodhpur, Tehsil And District Jodhpur.
----Petitioner
Versus
Dhanraj S/o Pema Raj, B/c Jangid, R/o Near Amrit Jain Bhawan, Sawon Ka Mohalla, Merta City, District Nagaur
----Respondent
For Petitioner(s) For Respondent(s)
: Mr. B.S. Charan : Mr. Piyush chouhan
HON'BLE MR. JUSTICE P.K. LOHRA Order
14/12/2018
It is submitted by learned counsel for the respondent that petition under Section 11 of the Hindu Marriage Act, 1955, filed by respondent for declaring marriage void, is pending before Family Court, Merta and the Court has proceeded ex-parte against petitioner. It is also submitted that an application is filed on behalf of petitioner for setting aside the ex-parte order.
In view thereof, at this stage, I feel disinclined to grant any indulgence on this transfer petition, and consequently, the transfer application is dismissed with a liberty to the petitioner to file application afresh after decision of his application dated 18.08.2018 for setting aside ex-parte order.
27-AnilKC/-
2 issues framed by the court
Whether the High Court should grant indulgence in a transfer petition when an application for setting aside an ex-parte order is pending.
Whether the transfer application should be dismissed given the pendency of related proceedings.
1 provisions across 1 enactments
Meenakshi W/o Dhanraj
Dhanraj S/o Pema Raj
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
