Allowed

Smt. Kimi Singhal W/O Shri Aditya Singhal D/O Shri Mahendra Goyal v. Shri Aditya Singhal S/O Late Shri Gyanchand Singhal

Rajasthan HC22 Jan 2021CTA/45/2020

Case brief

AI extract

What is this about?

This order allowed an application under Sections 24 and 151 CPC to transfer a divorce petition from the Court of Additional District Judge, Beawer, to the Judge, Family Court, Pali. The transfer was granted based on the wife's medical condition involving burn injuries that prevent frequent travel. The rights of the husband were examined and ultimately held against in the interest of justice and th

What did the court decide?

The application filed under Section 24 read with Section 151 CPC (CTA-45/2020) filed by the applicant-wife was allowed, and the pending divorce application No. 80/2019 was transferred from the Court o

Smt. Kimi Singhal W/O Shri Aditya Singhal D/O Shri Mahendra Goyal Vs Shri Aditya Singhal S/O Late Shri Gyanchand Singhal — Rajasthan HC (2021) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 45/2020

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Smt. Kimi Singhal W/o Shri Aditya Singhal D/o Shri Mahendra Goyal, Aged About 28 Years, R/o Housing Board, Saket Nagar, Beawar, Presently 18, Agrasen Colony, Pali (Rajasthan)

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----Applicant/Wife

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Versus

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Shri Aditya Singhal S/o Late Shri Gyanchand Singhal, Aged About 30 Years, R/o 2/24, Saket Nagar, Housing Board, Beawar, District Ajmer (Rajasthan)

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----Non-Applicant/Husband

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For Petitioner(s)	: Mr. Rahul Agrawal,Advocate
For Respondent(s)	: Mr. Jai Prakash Gupta,Advocate

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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22/01/2021

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The instant transfer application has been filed by applicant– wife Smt. Kimi Singhal (for short “applicant”) against the nonapplicant-husband Shri Aditya Singhal (for short “non-applicant”) under Section 24 read with Section 151 of the Code of Civil Procedure 1908 for transfer of the application bearing No. 80/2019 (Aditya Singhal vs. Smt. Kimi Singhal) filed under Section 13 of the Hindu Marriage Act pending before the Court of Additional District Judge No. 1, Beawer to the Judge Family Court, Pali (Rajasthan).

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Learned counsel for the applicant-wife submits that the nonapplicant-husband used to commit physical and mental torture to

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(2 of 3)

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[CTA-45/2020]

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the applicant-wife. Counsel further submits that a criminal case for the offence under Sections 498-A, 323, 307 and 34 of IPC was also filed against the non-applicant-husband and his relatives and the trial in that case is still pending in the concerned Court. Counsel further submits that the applicant due to burn injuries is not able to travel from Pali to Beawer. Even as per medical advise, it is not proper for the applicant to move outside in summer season due to heat of sunlight, which amounts to intolerable pain to the applicant on her burn injuries.

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Learned counsel for the non-applicant-husband has opposed the transfer application and submitted that the applicant filed the instant transfer application with intent to harass and humiliate the non-applicant-husband. Counsel further submitted that both the parties are represented through their respective counsel and the applicant is not required to visit Beawer to attend the proceedings on each and every date.

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Heard learned counsel for both the parties and perused the material placed before the Court.

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On perusal of the material placed before the Court, it is not in dispute that the applicant has sustained burn injuries and in the petition it has also been stated that applicant is not able to travel from Pali to Beawer frequently according to medical advise.

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Taking note of the facts and circumstances of the case, the applicant is advised to avoid frequent traveling due to burn injuries sustained by the applicant as also in the interest of justice, the transfer application filed by the applicant-wife is allowed and the application filed by the non-applicant under Section 13 of the Act of 1955 bearing No. 80/2019 (Aditya Singhal vs. Smt. Kimi Singhal) pending before the Court of Additional

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(3 of 3)

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[CTA-45/2020]

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district Judge No. 1, Beawer is transferred to the Judge, Family

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Court, Pali.

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(GOVERDHAN BARDHAR),J

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Ritu/12

Smt. Kimi Singhal W/O Shri Aditya Singhal D/O Shri Mahendra Goyal v. Shri Aditya Singhal S/O Late Shri Gyanchand Singhal

Case brief

What is this about?

What did the court decide?

Smt. Kimi Singhal W/O Shri Aditya Singhal D/O Shri Mahendra Goyal v. Shri Aditya Singhal S/O Late Shri Gyanchand Singhal

Case brief

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What did the court decide?

What the court decided

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