The High Court of Rajasthan allowed a modification application. It directed the transfer of a pending civil case from the Family Court, Churu, to the Family Court, Bikaner, and issued directions to the registry regarding administrative non-compliance with a previous order.
Civil Misc. Case No. 17/2020 transferred from Family Court, Churu to Family Court, Bikaner.
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[CMAP-23/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Misc. Application No. 23/2021
Vijaylakshmi W/o Mukul, Aged About 29 Years, Resident Of F-15, Opposite Sansand Kendra, Kanta Khaturiya Colony, Bikaner (Raj.).
----Petitioner
Versus
Mukul S/o Shashikant Kaswan, Aged About 28 Years, E-197, Agrsen Nagar, Churu
----Respondent
For Petitioner(s) : Mr. Rajesh Panwar. Mr. Ayush Gehlot. For Respondent(s) : Mr. Hardik Gautam.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
05/04/2021
An application has been filed on behalf of the respondent seeking modification in the order dated 20.01.2021 passed in S.B. Civil Transfer Application No. 12/2021.
On 20.01.2021, this Court while referring the matter to the Larger Bench, stayed further proceedings in Civil Misc. Case No. 17/2020 pending before the Family Court, Churu.
In the application, it is submitted that while keeping the present transfer application pending, the proceedings pending before the Family Court, Churu may be transferred to the Family Court, Bikaner as prayed by the applicant, to which, the respondent has no objection and that the transfer application may be kept pending for decision of the Larger Bench reference.
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[CMAP-23/2021]
Learned counsel for the applicant cannot have any objection to the said prayer.
In view of the submissions made in the application seeking modification of order dated 20.01.2021, the same is allowed. It is directed that Civil Misc. Case No. 17/2020 pending before the Family Court, Churu shall be transferred to the Family Court, Bikaner. The parties shall appear before the Family Court, Bikaner on 27.04.2021.
The Family Court, Churu is directed to send the record to the Family Court, Bikaner immediately.
A perusal of the record of S.B. Civil Transfer Application No. 12/2021 shows that the order was passed by the Court referring the matter to the Larger Bench, however, the office has taken as if the petition has been allowed on 20.01.2021 and has not taken any steps in terms of the order dated 20.01.2021.
The Dy. Registrar (Judicial) is directed to look into the matter and take appropriate action in this regard.
(ARUN BHANSALI),J
87-PKS/-
Vijaylakshmi
Mukul
Arun Bhansali
As recorded by the court registry
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