Allowed

Rachna Chawand v. Govind Sahay Berwa

Rajasthan HC22 Mar 2022CTA/125/2021

Case brief

AI extract

What is this about?

High Court allowed a transfer petition to shift matrimonial proceedings from Additional District Sessions Judge, Rajgarh, to Family Court, Banswara, citing the petitioner's residence and childcare responsibilities.

What did the court decide?

Transfer of Section 9 Hindu Marriage Act proceedings from Court of Additional District Sessions Judge, Rajgarh to Court of Family Judge, Banswara.

Rachna Chawand Vs Govind Sahay Berwa — Matrimonial and Divorce | 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. 125/2021

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Rachna Chawand W/o Govind Sahay Berwa, Aged About 34 Years, Village And Post Gullarbans, Lapala, Tehsil Reni, District Alwar, Rajasthan At Present Residing At Maruti Nagar, Banswara

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----Petitioner

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Versus

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Govind Sahay Berwa S/o Laxminarayan Berwa, Village And Post Gullarbans, Lapala, Tehsil Reni, District Alwar

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----Respondent

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For Petitioner(s) : Mr. Tribhuwan Singh For Respondent(s) :

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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22/03/2022

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The instant transfer petition has been filed by the petitioner with the prayer that the petition under Section 9 of the Hindu Marriage Act, 1955 bearing No.38/81/2021 preferred by the respondent is pending before the learned Additional District and Session Judge, Rajgarh, District Alwar may be transferred to the Court of learned Judge, Family Court, Banswara.

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The learned counsel for the petitioner submits that though the respondent has preferred the petition under Section 9 of the Hindu Marriage Act, 1955 before the Court of learned Additional District and Session Judge, Rajgarh, District Alwar, but the fact of the matter remains that recently the petitioner has gave birth to a child and she is taking care of her child. Therefore, she is unable to attend the proceedings of the case before the Court of learned Additional District and Session Judge, Rajgarh, District Alwar, which is almost 647 Kms away from Banwara.

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(2 of 2)

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[CTA-125/2021]

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Therefore, it is prayed that the entire proceedings of the case No.38/81/2021 filed by the respondent before the learned Additional District and Session Judge, Rajgarh, District Alwar may be transferred to learned Judge, Family Court, Banswara.

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Despite service nobody appeared on behalf of respondent.

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I have heard learned counsel for the petitioner and perused the documents on record.

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It is not in dispute that the petitioner is residing at Banswara and she is also carrying a child. The Hon'ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani vs. Jitesh Kishore Tolani reported in 2010(1) WLC (SC) 705 has observed that in the matrimonial proceedings instituted 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.

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Looking to the facts and circumstances of the case and the reason mentioned in the transfer petition, this petition is allowed. It is ordered that the case No.38/81/2021 pending in the Court of learned Additional District Sessions Judge, Rajgarh, District Alwar titled as (Govind Sahay Berwa vs. Rachna Chawand) be transferred to the Court of learned Judge, Family Court, Banswara. Both the parties are directed to appear before the Family Court, Banswara on 12.04.2022.

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The learned Additional District and Sessions Judge, Rajgarh, District Alwar is directed to send the record of the case to the learned Judge, Family Court, Banswara, forthwith.

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(MADAN GOPAL VYAS),J

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71-Jagjeet/-

Rachna Chawand v. Govind Sahay Berwa

Case brief

What is this about?

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Rachna Chawand v. Govind Sahay Berwa

Case brief

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