Allowed

Bulbul v. Gyanchand

Rajasthan HC18 Aug 2022CTA/101/2021

Case brief

AI extract

What is this about?

This transfer petition under Section 24 CPC sought to move a civil case filed under Section 9 of the Hindu Marriage Act from Family Court, Merta to Family Court, Bikaner. The High Court allowed the transfer, relying on a Supreme Court observation that the wife's convenience must be prioritized in matrimonial disputes when she resides elsewhere.

What did the court decide?

Civil Misc. Case No.78/2021 pending in Family Court, Merta transferred to Family Court, Bikaner; record directed to be sent.

Bulbul Vs Gyanchand — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Transfer Appl. No. 101/2021

¶3

Bulbul S/o Gordhan Das, Aged About 22 Years, R/o Harijan Basti, Deshnok, Bikaner.

¶4

----Petitioner

¶5

Versus

¶6

Gyanchand S/o Pappulal, Aged About 34 Years, R/o Goriya Ka Bas, Badi Harijan Basti, Merta City, Tehsil Merta District Nagaur.

¶7

----Respondent

¶8

For Petitioner(s) : Ms. Kuber Choudhary For Respondent(s) : Mr. Vishal Sharma

¶9

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

¶10

18/08/2022

¶11

The present civil misc. transfer petition under Section 24 of the Civil Procedure Code, 1908 has been preferred by the petitioner (wife) against the respondent seeking transfer of civil case No.78/2021 filed by the respondent under Section 9 of the Hindu Marriage Act before the Family Court, Merta District Nagaur to Family Court Bikaner.

¶12

Briefly stated, the fact of the case are the marriage between the petitioner and the respondent was solemnized as per hindu rites on 30.11.2020 at Bikaner. It is submitted that since the relationship between the couple was not cordial and the petitioner was subjected with cruelties, therefore, the petitioner was left with no option, but to leave the matrimonial home.

¶13

Learned counsel appearing for the petitioner submits that since the petitioner was ill treated by the respondent and his family members therefore, an FIR No.39/2021 was lodged by the petitioner at Police Station Deshnok, Bikaner for the offences U/S 498A, 406, 323, 377 IPC. It is also submitted that as a counterblast, the respondent has filed a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights before the Family Court Merta. Learned counsel submits

¶14

(2 of 2)

¶15

[CTA-101/2021]

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that petitioner being lady cannot travel from Bikaner to Merta, which is about 169 K.m. away. It is also submitted that there is no male member in her family to accompany her to attend the day to day proceedings at the court Merta.

¶17

Learned counsel appearing for the respondent, opposed the prayer made by the petitioner.

¶18

I have heard learned counsel for both the parties and perused the documents placed on record.

¶19

It is not in dispute that the petitioner is residing at Deshnok, Bikaner and has also initiated proceedings against the respondent at Deshnok District Bikaner. The Hon’ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore Tolani 2010(1) WLC (SC) 705 has observed that in the matrimonial proceedings initiated by the husband against the wife the convenience of the wife has to be considered for contesting the suit, and accordingly the matrimonial proceedings ought to be transferred where the wife was residing.

¶20

Looking to the facts and circumstance of the case and the reasons mentioned in the transfer petition, the transfer petition is allowed.

¶21

It is ordered that the civil misc. case No.78/2021(Gyan Chand Vs. Bulbul) pending in the court of Family Court Merta, be transferred to the Family Court, Bikaner.

¶22

The Judge Family Court, Merta is directed to send the record of the case to the court of Judge, Family Court, Bikaner.

¶23

Both the parties are directed to appear before the Judge, Family Court, Bikaner on 15.09.2022.

¶24

(MADAN GOPAL VYAS),J

¶25

60-nidhi/-

Bulbul v. Gyanchand

Case brief

What is this about?

What did the court decide?

Bulbul v. Gyanchand

Case brief

What is this about?

What did the court decide?

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