Petitioner wife sought transfer of domestic proceedings from Family Court Jaipur to Family Court Bikaner citing residence and harassment. Respondent absent. Court allowed transfer. Relist date fixed for Bikaner.
Transfer of Civil Original Case No. 4851/2019 from Family Court No.1, Jaipur Metro to Family Court, Bikaner. Record to be sent to Bikaner.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 45/2020
Madhu Sharma W/o Vinod Sharma, Aged About 24 Years, D/o Bajrang Lal, R/o Bhagrav Mohalla, Bangal Nagar Ward No. 01, Behind F.c.i. Godown, Bikaner (Rajasthan)
----Petitioner
Versus
Vinod Sharma S/o Girdhari Lal Sharma, Aged About 26 Years, R/ o Plot No. 221, Ridhi Sidhi Nagar, Benad Road Boyatwala Thsil Jaipur, District Jaipur (Rajasthan)
----Respondent
For Petitioner(s) : Mr. Kunal Kalla. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
18/08/2021
This transfer application has been filed by the petitioner - wife seeking transfer of proceedings pending before, Family Court No.1, Jaipur Metro to the Family Court, Bikaner.
It is inter-alia indicated that the petitioner is residing at Bikaner and the respondent only with a view to harass the applicant, has initiated proceedings before the Family Court No.1, Jaipur.
Further submissions have been made that the petitioner does not have any source of income and, therefore, it becomes difficult for her to visit courts at Jaipur and contesting the case. Based on the said submissions, the transfer has been sought from Jaipur to Bikaner.
(2 of 2)
[CTA-45/2020]
Despite service, no one has put in appearance on behalf of the respondent.
The matter was adjourned twice to ensure that the respondent may appear, however, he has not put in appearance.
Learned counsel for the petitioner made submissions in consonance with the averments made in the application and prayed that the matter may be transferred.
I have considered the submissions made by counsel for the petitioner and have perused the material available on record.
In view of the indications made in the application and the fact that the respondent has not put in appearance, which means that apparently the respondent has no objection to transfer of the proceedings to Bikaner.
Consequently, the petition is allowed. Civil Original Case No.4851/2019 pending before Judge, Family Court No.1, Jaipur Metro is ordered to be transferred to the Judge, Family Court, Bikaner.
The parties shall appear before the Judge, Family court, Bikaner on 27.09.2021. The Family Court No.1, Jaipur is directed to send the record to Family Court, Bikaner.
A copy of this order be sent by the registry to the respondent.
(ARUN BHANSALI),J
43-pradeep/-
1 issue framed by the court
Whether the civil proceedings pending in Family Court No. 1, Jaipur should be transferred to Family Court, Bikaner given the petitioner's residence and lack of appearance by the respondent.
Madhu Sharma W/o Vinod Sharma
Vinod Sharma S/o Girdhari Lal Sharma
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
