Allowed

Chanchal Kanwar W/O Shri Surender Singh D/O Shri Hari Singh Raghav v. Surendra Singh Solanki S/O Shri Raghuveer Singh Solanki

Rajasthan HC1 Jul 2021CTA/30/2021

Case brief

AI extract

What is this about?

This order allowed a Civil Transfer Application seeking to shift a divorce case pending before Family Court No.2, Jaipur to Family Court No.2, Bikaner. The Court found the transfer justified due to the petitioner's weak finances, gender, and existing criminal cases at Bikaner, directing the receiving court to dispose of the matter within six months.

What did the court decide?

Transfer of pending divorce case No.282/2020 from Family Court No.2, Jaipur to Family Court No.2, Bikaner allowed; six-month timeline directed.

Chanchal Kanwar W/O Shri Surender Singh D/O Shri… — Matrimonial and Divorce | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 30/2021

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Chanchal Kanwar W/o Shri Surender Singh D/o Shri Hari Singh Raghav, Aged About 49 Years, R/o 5-C, 139, Jai Narayan Vyas Colony, Bikaner (Rajasthan)

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----Petitioner

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Versus

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Surendra Singh Solanki S/o Shri Raghuveer Singh Solanki, Resident Of 357/117, Jadoun Nagar A Durgapura, Jaipur.

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----Respondent

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For Petitioner(s) : Mr. M. S. Raghav, Adv. through VC For Respondent(s) : Mr. Syed Shahid Hasan, Adv. through VC

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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01/07/2021

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The present transfer application under Section 24 of the Code of Civil Procedure has been filed by the applicant wife, who got married with the respondent on 07.12.1996. The applicant prays to transfer the case No.282/2020 titled as “Surendra Singh Solanki V/s Chanchal Kanwar” filed by the respondent under Section 13 of the Hindu Marriage Act, 1995 for dissolution of the marriage, from Family Court No.2, Jaipur to Family Court No.2, Bikaner.

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Learned counsel for the applicant submits that after marriage, respondent and his family members had committed cruelty with the applicant for demand of dowry. Applicant had preferred case under Section 12 of the Protection Of Women against Domestic Violence and Criminal Case under Section 498-A before the Competent Criminal Court at Bikaner.

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(2 of 2)

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[CTA-30/2021]

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Learned counsel for the applicant submits that the applicant is a lady and her financial condition is very weak. She is not in position to defend her case at Jaipur. So, the case filed by the respondent be transferred to Family Court No.2, Bikaner.

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Learned counsel for the respondent has opposed the arguments advanced by learned counsel for the applicant. Learned counsel for the respondent also submits that if Court thinks fit to transfer the case than Family Court No.2, Bikaner may be directed to decide the case within six months.

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I have given thoughtful consideration on arguments advanced by learned counsel for the applicant as well as learned counsel for the respondent.

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It is admitted position that applicant had filed the criminal cases against the respondent at Competent Criminal Court at Bikaner. Applicant is a lady. She will suffer hardship to attend the cases at Jaipur. So, arguments raised by learned counsel for the applicant are bona fide and reasonable. So, I am of the view that application filed by the applicant be allowed.

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Transfer application filed by the applicant is allowed and case No.282/2020 titled as “Surendra Singh Solanki V/s Chanchal Kanwar” pending before the Family Court No.2, Jaipur is transferred to Family Court No.2, Bikaner.

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Parties are directed to appear before the Family Court No.2, Bikaner on 26.07.2021. Learned Family Court No.2, Bikaner is directed to decide the case preferably within a period of six months.

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(NARENDRA SINGH DHADDHA),J

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Gourav/02

Chanchal Kanwar W/O Shri Surender Singh D/O Shri Hari Singh Raghav v. Surendra Singh Solanki S/O Shri Raghuveer Singh Solanki

Case brief

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Chanchal Kanwar W/O Shri Surender Singh D/O Shri Hari Singh Raghav v. Surendra Singh Solanki S/O Shri Raghuveer Singh Solanki

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