Allowed

Vartika Dube v. Somesh Sharma

Rajasthan HC28 Jan 2021CTA/8/2021

Case brief

AI extract

What is this about?

The High Court allowed a transfer application moving matrimonial proceedings from Udaipur to Jaipur. The court directed the Family Court in Udaipur to transfer the case record to Jaipur and ensured both pending matters are adjourned to a common date to avoid travel burdens on the respondent.

What did the court decide?

Application allowed; proceedings from Family Court No.1, Udaipur transferred to Family Court No.1, Jaipur; common date fixed for both matters.

Vartika Dube Vs Somesh Sharma — Matrimonial and Divorce | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 8/2021

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Vartika Dube W/o Somesh Sharma, Aged About 30 Years, D/o Pradeep Kumar Dube, R/o A-6, Rk Purak, Near Khirni Fatak, Khatipura, Jaipur, Rajasthan.

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----Petitioner

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Versus

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Somesh Sharma S/o Ved Prakash Sharma, Aged About 30 Years, R/o 75, Mp Colony, Near Gopal Marble, Sector - 14, Ward No. 21, Udaipur, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr. Pritam Joshi for Mr. S.K. Verma. For Respondent(s) : Mr. Vivek Siddh for Mr. Deelip Kawadia.

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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28/01/2021

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This application has been filed by the petitioner seeking transfer of matrimonial proceedings from the Family Court No.1, Udaipur to the Family Court No.1, Jaipur.

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It is inter alia indicated that the marriage was solemnized between the parties on 19.04.2019, the petitioner lodged an FIR at Police Station-Mahila Thana, Jaipur under Sections 498-A, 406 and 323 IPC, whereafter the respondent filed proceedings under Section 13 of the Hindu Marriage Act, 1955 (‘the Act’) for dissolution of marriage before the Family Court No.1, Udaipur.

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It is indicated that the applicant has initiated proceedings under Section 125 Cr.P.C. before the Family Court No.1, Jaipur and another application under Section 12 of the Domestic Vilation Act, 2005, which is pending before the ACJM No.1, Jaipur Metro, Jaipur.

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(2 of 3)

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[CTA-8/2021]

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It is submitted that various proceedings pertaining to the matrimonial disputes are pending before the courts at Jaipur. The respondent has initiated proceedings at Udaipur and it is difficult for the applicant to attend the proceedings at Udaipur. Allegations have also been made that there is a threat of physical damage or loss of life and the applicant is frightened in attending the proceedings at Udaipur. It is prayed that the proceedings at Udaipur be transferred to Jaipur.

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A reply to the application has been filed, inter alia, indicating that the mother of the respondent is not keeping well and the respondent has to attend to her.

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Further submissions have been made that the applicant is earning well and, therefore, there is no difficulty in attending the proceedings at Udaipur. It is prayed that the application be rejected.

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Learned counsel for the parties made submissions in terms of the averments made in the application and reply.

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I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

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It is not in dispute that the three proceedings initiated by the applicant are pending at Jaipur and the respondent has initiated proceedings at Udaipur under Section 13 of the Act.

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The submission made by the respondent that on account of illness of his mother, it will be difficult for him to attend proceedings at Jaipur apparently has no substance, inasmuch as, he has admitted that he is already attending proceedings at Jaipur in the cases initiated by the applicant.

¶24

In view of the above fact situation wherein inter se proceedings between the parties are pending before more than

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(3 of 3)

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[CTA-8/2021]

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one place, it would be appropriate that the proceedings pending at Udaipur are transferred to Jaipur, however, it would be appropriate that the Family Court No.1, Jaipur is directed that in both the pending matters one date be fixed so that the respondent is not required to travel to Jaipur on different dates for the two matters pending before the Family Court No.1, Jaipur.

¶28

Consequently, the application filed by the applicant is allowed. The case No. 289/2020 pending before the Family Court No.1, Udaipur is directed to be transferred to the Family Court No.1, Jaipur and the Family Court No.1, Jaipur is directed to ensure that the two matters between the parties be fixed as far as possible, on the same date.

¶29

The parties are directed to appear before the Family Court No.1, Jaipur on 11.03.2021, the date fixed in the matter already pending at Jaipur.

¶30

The Family Court No.1, Udaipur is directed to sent the record to the Family Court No.1, Jaipur immediately.

¶31

(ARUN BHANSALI),J

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47-PKS/-

Vartika Dube v. Somesh Sharma

Case brief

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Vartika Dube v. Somesh Sharma

Case brief

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