This order allows a transfer application filed by the petitioner under Section 24 CPC. The court directed the withdrawal of the matter from the Family Court at Pali and its transfer to the Family Court at Bikaner.
Transfer of Case No.72/2017 from Family Court, Pali to Family Court, Bikaner.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 6 / 2018
Kamla W/o Raju Singh @ Manohar Singh D/o Omprakash Rajpurohit, Aged About 26 Years, By Caste Rajpurohit, Resident of Village - Toliyaser, Tehsil ShriDungargarh, District Bikaner.
----Petitioner
Versus
Raju Singh @ Manohar Singh S/o Narayan Singh, By Caste Rajpurohit, Resident of Village Mandal Teh. Rani District Pali.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Moti Singh
For Respondent(s) : Mr. Devendra Mahalana
JUSTICE DINESH MEHTA
Order
07/05/2018
The present transfer application under Section 24 of the Code of Civil Procedure has been filed by the petitioner, seeking transfer of Case No.72/2017 titled as “Manoher Singh Vs. Kamla” from Family Court, Pali to the Court of Additional District Judge No.2 Bikaner Camp Sridungargarh District Bikaner.
Mr. Mahalana, learned counsel for the respondent on instructions, fairly concedes that he has no objection if the matter is transferred, but in place of Shridungarhgarh, the same may be transferred to Family Court, Bikaner; as the respondent – husband is presently residing at Mumbai. He added that it would be more convenient to the respondent, if the case is transferred to Bikaner, which has train connectivity from Mumbai
Mr. Mahalana, learned counsel for the respondent submitted
(2 of 2)
[CTA-6/2018]
that the respondent has a threat perception, as petitioner’s relatives have manhandled him, for which cases were registered against them. In light of the above, Mr. Mahalana submitted that it would be convenient and conducive that the case be transferred to Family Court Bikaner.
In view of facts obtaining, the present transfer application is allowed. The matter is withdrawn from the Family Court, Pali and transferred to Family Court, Bikaner.
Learned counsels for the rival parties shall inform their respective clients to appear before the Family Court, Bikaner on 06.07.2018.
A copy of this order be sent to Family Court, Pali as well as Family Court, Bikaner for information and transmission of record.
The transfer application stands allowed.
(DINESH MEHTA), J.
Himanshu/- 29
1 issue framed by the court
Whether to allow transfer of a civil suit from Family Court, Pali to Family Court, Bikaner under Section 24 CPC.
1 provisions across 1 enactments
Kamla W/o Raju Singh @ Manohar Singh
Raju Singh @ Manohar Singh
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
