Allowed

Smt. Padma W/O Shri Hemant Kumar D/O Shri Lekhraj v. Hemant Kumar S/O Shri Raghudas

Rajasthan HC1 Jul 2021CTA/35/2021

Case brief

AI extract

What is this about?

In a transfer application, the applicant-wife sought transfer of the respondent's restitution of conjugal rights petition to her family court in Jaipur. The court allowed the transfer to ensure simultaneous trial of the two pending matrimonial cases, considering the applicant's residence and the need for justice.

What did the court decide?

transferred Case No.131/2019 'Hemant Kumar Vs. Smt. Padma' from Additional District Judge, Suratgarh to Family Court No.1, Jaipur.

Smt. Padma W/O Shri Hemant Kumar D/O Shri Lekhraj… — 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. 35/2021

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Smt. Padma W/o Shri Hemant Kumar D/o Shri Lekhraj, Aged About 32 Years, Resident Of Plot No. 95, Shankar Nagar, Amer Road, P.s. Bhrampuri, Jaipur (Rajasthan)

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----Applicant

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Versus

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Hemant Kumar S/o Shri Raghudas, Resident Of House No. 3/6162, Ward No. 9, Purana Awasan Mandal Colony, Suratgarh, Dist. Shriganganagar (Rajasthan)

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----Respondent For Petitioner(s) : Mr. Satyam Khandelwal, Adv. through VC For Respondent(s) : None Present

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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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 13.05.2006. The applicant prays to transfer the case No.131/2019 titled as “Hemant Kumar Vs. Smt. Padma” filed by the respondent under Section 9 of the Hindu Marriage Act, 1995 for Restitution of Conjugal Rights from learned Additional District Judge, Suratgarh, District Shriganganagar to learned Family Court No.1, Jaipur.

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Learned counsel for the applicant submits that the applicant has filed a petition under Section 13 of the Hindu Marriage Act against the respondent on 24.12.2018 for dissolution of marriage which was registered as Case No.2866/2019 which is pending for

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(2 of 2)

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[CTA-35/2021]

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adjudication before learned Family Court No.1, Jaipur. Learned counsel for the applicant also submits that the respondent is contesting this case and filed the reply. Learned counsel for the applicant further submits that respondent had wrongly filed the petition under Section 9 of the Hindu Marriage Act, 1995 before the learned Additional District Judge, Suratgarh, District Shriganganagar. Learned counsel for the applicant also submits that these two cases should be tried together. Learned counsel for the applicant also submits that the applicant is a lady and she cannot travel to attend the case which is pending at Suratgarh, District Shriganganager. So, the petition filed by the respondent be transferred to Family Court No.1, Jaipur.

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It is admitted position that the applicant had filed the case under Section 13 of the Hindu Marriage Act prior to petition filed by the respondent. So, in the interest of Justice, these two cases should be tried simultaneously. So, application filed by the applicant seems to be bona fide and reasonable.

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Civil Transfer Application filed by the applicant is allowed and case No.131/2019 titled as “Hemant Kumar Vs. Smt. Padma” pending before the learned Additional District Judge, Suratgarh District Shriganganagar is transferred to learned Family Court No.1, Jaipur.

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Parties are directed to appear before the learned Family Court No.1, Jaipur on 27.07.2021.

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(NARENDRA SINGH DHADDHA),J

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Gourav/03

Smt. Padma W/O Shri Hemant Kumar D/O Shri Lekhraj v. Hemant Kumar S/O Shri Raghudas

Case brief

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Smt. Padma W/O Shri Hemant Kumar D/O Shri Lekhraj v. Hemant Kumar S/O Shri Raghudas

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