Allowed

Vinita Gehlot v. Rajendra Singh

Rajasthan HC29 Sept 2022CTA/115/2022

Case brief

AI extract

What is this about?

The High Court transferred civil cases filed by the husband under the Hindu Marriage and Guardians and Wards Acts from Jodhpur to Bhinmal, considering the wife's lack of income, minor children, and distance constraints.

What did the court decide?

The civil case No.47/2021 and Civil Case No.585/2021 pending at Jodhpur are transferred to the court of Additional District Judge, Bhinmal, Jalore.

Vinita Gehlot Vs Rajendra Singh — Child Custody and Guardianship | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 115/2022

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Vinita Gehlot W/o Rajendra Singh Gehlot, Aged About 32 Years, D/o Chhawar Lal Parihar, R/o Talbi Road Bhinmal Distt. Jalore Rajasthan.

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----Petitioner

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Versus

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Rajendra Singh S/o Madan Singh, B/c Mali, R/o Jalwala Bera Chainpura, Mandore, Jodhpur.

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----Respondent

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For Petitioner(s) : Mr. S.S. Nirban For Respondent(s) : Ms. Deepika Soni

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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29/09/2022

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The present civil misc. transfer petition under Section 24 read with Section 151 of the CPC has been preferred by the petitioner (wife) seeking transfer of civil case No.47/2021 (Rajendra Singh Vs. Smt. Vinita Gehlot) filed by the respondent husband under Section 25 of Hindu Guardian and Wards Act, 1890 as well as Civil Case No.585/2021 (Rajendra Singh Vs. Smt. Vinita Gehlot) under Section 13 of the Hindu Marriage Act, 1955 from the Court of Family Court No.3, Jodhpur to the Court of Additional District Judge, Bhinmal, Jalore.

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Learned counsel for the petitioner submits that the respondent has abandoned the petitioner and his two children without any care and maintenance since the year 2020 and therefore, the petitioner has already filed a petition under Section 125 of the Cr. PC at Bhinmal not only this, the petitioner has also

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(2 of 3) [CTA-115/2022]

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preferred a petition under Section 23 (2) of Protection of Women from Domestic Violence Act before the court of Additional Chief Judicial Magistrate, Bhinmal and both the cases are pending consideration at Bhinmal.

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Learned counsel further submits that the petitioner being lady and having no source of income and also having two minor children is unable to attend the day to day proceedings at Jodhpur which is about 200KM away from Bhinmal.

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Learned counsel for the respondent submits that the respondent is a male nurse discharging his duties on contract basis at AIIMS, Jodhpur and therefore the respondent is also unable to leave Jodhpur because of his profession. It is also submitted that the respondent is ready and willing to pay reasonable amount towards transportation to the petitioner for attending the day to day proceedings in Family Court No.3, Jodhpur.

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I have heard learned counsel for both the parties and perused the documents placed on record. Looking to the fact that the petitioner is a lady with two children and having no source of income is unable to attend day to day proceedings at Jodhpur, this Court deems it appropriate to transfer the petition under Section 25 of Hindu Guardian and Wards Act, 1890 as well as petition under Section 13 of the Hindu Marriage Act, 1955.

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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

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(3 of 3)

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[CTA-115/2022]

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the matrimonial proceedings ought to be transferred where the wife was residing.

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

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It is ordered that the civil case No.47/2021 (Rajendra Singh Vs. Smt. Vinita Gehlot) under Section 25 of Hindu Guardian and Wards Act, 1890 as well as Civil Case No.585/2021 (Rajendra Singh Vs. Smt. Vinita Gehlot) under Section 13 of the Hindu Marriage Act, 1955 pending in the court of Family Court No.3, Jodhpur be transferred to the court of learned Additional District Judge, Bhinmal, Jalore.

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The Judge Family Court No.3, Jodhpur is directed to send the record of the case to the court of Additional District Judge, Bhinmal, Jalore.

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Both the parties are directed to appear before Additional District Judge, Bhinmal, Jalore on 03.11.2022.

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(MADAN GOPAL VYAS),J

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86-nidhi/-

Vinita Gehlot v. Rajendra Singh

Case brief

What is this about?

What did the court decide?

Vinita Gehlot v. Rajendra Singh

Case brief

What is this about?

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