Allowed

Smt. Laxmi @ Pinki W/O Shri Gulabchand @ Sunil D/O Late Shri Jagdish Prasad Barwad v. Gulabchand @ Sunil S/O Shri Maliram Jakhar

Rajasthan HC22 Feb 2021CTA/44/2019

Case brief

AI extract

What is this about?

This order transfers a divorce petition from Family Court, Sikar to Family Court, Jaipur under Section 24 CPC. The transfer was granted in interest of justice due to the petitioner's residence and employment in Jaipur, inconveniencing her to attend proceedings at Sikar. The Family Court, Jaipur is directed to decide within six months.

What did the court decide?

The divorce petition No. 263/2018 pending before Judge, Family Court, Sikar is transferred to Judge, Family Court, Jaipur. The matter is to be decided within six months.

Smt. Laxmi @ Pinki W/O Shri Gulabchand @ Sunil D/O… — 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. 44/2019

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Smt. Laxmi @ Pinki W/o Shri Gulabchand @ Sunil D/o Late Shri Jagdish Prasad Barwad, Aged About 30 Years, B/c Balai R/o Ward No. 1 Jeenmata Gravel Road Khatushyamji Tehsil Dantaramgarh District Sikar Presently R/o House No. 31 Jain Vihar Kamla Nehru Nagar Ajmer Road Jaipur

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----Petitioner/Non-applicant

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Versus

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Gulabchand @ Sunil S/o Shri Maliram Jakhar, aged about 33 years, B/c Balai R/o Ward No. 15 Vill. Dantaramgarh Tehsil Dantaramgarh District Sikar Mob. No. 9873669412

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----Respondent/applicant

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For Petitioner(s) : Mr. Subhash Sharma For Respondent(s) : Mr. Lokesh Parihar

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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22/02/2021

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The instant transfer application has been filed by nonapplicant-wife (for short ‘the non-applicant’) against the applicant/respondent–husband (For short ‘the applicant’) under Section 24 of the Civil Procedure Code 1908 for transferring the divorce petition (application) No. 263/2018 (Gulab Chand @ Sunil v. Smt. Laxmi @ Pinki) filed by the applicant-husband under Section 13 (1) (Ka) (Kha) of the Hindu Marriage Act, 1955 (For short ‘the Act of 1955’) pending before the Judge, Family Court, Sikar to the Judge, Family Court, Jaipur.

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Learned counsel for the non-applicant submits that the non-applicant is working at Post Office, Jawahar Nagar, Jaipur. The non-applicant being a lady having one minor children aged

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(2 of 2)

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[CTA-44/2019]

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around one and a half year with her, will face much inconvenience on attending the Court proceedings at Sikar from Jaipur on each and every date. Learned counsel submits that the non-applicant would have required one attendant during the course of journey and she has to start her journey a day before the date fixed by the Court because Sikar is much far from Jaipur.

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Learned counsel for the applicant- husband has opposed the transfer application.

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Taking note of the facts and circumstances of the case and also in the interest of Justice, the divorce petition (application) No. 263/2018 (Gulab Chand @ Sunil v. Smt. Laxmi @ Pinki) filed by the applicant-husband under Section 13 (1)(ka) (Kha) of the Act of 1955 pending before the Judge, Family Court, Sikar is hereby transferred to the Judge, Family Court, Jaipur and the Judge, Family Court, Jaipur, is directed the decide the aforesaid divorce petition (application) preferably within a period of six months from the date of receipt a certified copy of this order.

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The transfer application is disposed of accordingly.

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The parties are directed to appear before the Family Court, Jaipur on 24.3.2021 and the Court concerned is directed to send the record of the case to the Judge, Family Court, Jaipur, forthwith.

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(GOVERDHAN BARDHAR),J

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Sharma NK/2

Smt. Laxmi @ Pinki W/O Shri Gulabchand @ Sunil D/O Late Shri Jagdish Prasad Barwad v. Gulabchand @ Sunil S/O Shri Maliram Jakhar

Case brief

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What did the court decide?

Smt. Laxmi @ Pinki W/O Shri Gulabchand @ Sunil D/O Late Shri Jagdish Prasad Barwad v. Gulabchand @ Sunil S/O Shri Maliram Jakhar

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