Allowed

Manisha Rajawat v. Abhay Singh

Rajasthan HC23 Aug 2022CTA/140/2021

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition to move a Hindu Marriage Act divorce application from Family Court Pali to Family Court Banswara. The transfer was granted to ensure the convenience of the wife, who resides in Banswara and is unable to travel the long distance. The respondent did not maintain proceedings there.

What did the court decide?

The civil case No.112/2021 filed under Section 13(1)(k) of the Hindu Marriage Act was transferred from Family Court Pali to Family Court Banswara, with a direction to decide within one year.

Manisha Rajawat Vs Abhay Singh — 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. 140/2021

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Manisha Rajawat W/o Abhay Singh, Aged About 32 Years, 2-O17, Housingh Board, Banswara

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----Petitioner

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Versus

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Abhay Singh S/o Bhanwar Singh, Aged About 34 Years, Abhay Palace 1-B-59 New Housing Board Pali, District Pali

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----Respondent

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For Petitioner(s)	:	Mr. Rajchandra Singh
		Mr. Vinod Rajpurohit
For Respondent(s)	:	Mr. Rajat Rajpurohit for Mr. Sajjan Singh

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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23/08/2022

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The present civil misc. transfer petition under Section 24 of the Hindu Marriage Act, 1956 read with Section 151 CPC has been preferred by the petitioner (wife) against the respondent (husband) seeking transfer of civil case No.112/2021 (Abhay Singh Vs. Manisha Rajawat) filed by the respondent under Section 13 (1K) of the Hindu Marriage Act before the Family Court Pali, to Family Court Banswara.

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Learned counsel appearing for the petitioner submits that the petitioner has already filed an application under Section 125 Cr.P.C. seeking maintenance and a complaint under the Domestic Violence Act is also pending consideration at the Court Banswara. He further submitted that the distance between Pali to Banswara is about 400 KM and, therefore, petitioner being single lady is unable to attend day to day proceedings at Pali. Learned counsel for the petitioner prays that the application under Section 13 of Hindu Marriage Act may be transferred to Family Court, Banswara with a further direction to the

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(2 of 2)

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[CTA-140/2021]

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learned Court at Banswara to decide the same within a period of one year.

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Per contra, learned counsel appearing for the respondent opposed the prayer made by the petitioner.

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

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It is not in dispute that the petitioner is residing at Banswara, and has also initiated proceedings against the respondent at Banswara. 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.

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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 misc. case No.112/2021(Abhay Singh Vs. Manisha Rajawat) pending in the court of Family Court, Pali, be transferred to the Family Court, Banswara and the learned Family Court, Banswara is directed to decide the application under Section 13 of the Hindu Marriage Act as early as possible preferably within a period of one year.

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The Judge Family Court, Pali is directed to send the record of the case to the court of Judge, Family Court, Banswara.

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Both the parties are directed to appear before the Judge, Family Court, Banswara on 23.09.2022.

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(MADAN GOPAL VYAS),J

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60-nidhi/-

Manisha Rajawat v. Abhay Singh

Case brief

What is this about?

What did the court decide?

Manisha Rajawat v. Abhay Singh

Case brief

What is this about?

What did the court decide?

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