Allowed

Monika v. Sumit Purbiya

Rajasthan HC22 Mar 2022CTA/151/2021

Case brief

AI extract

What is this about?

High Court at Jaipur allowed a transfer petition (S.B. Civil Transfer Appl. No. 151/2021) to shift a matrimonial case from Family Court, Rajsamand to Family Court, Chittorgarh where the petitioner-wife resides, citing convenience under Supreme Court precedent.

What did the court decide?

Case No.204/2020 pending before Family Court, Rajsamand transferred to Family Court, Chittorgarh; parties directed to appear on 12.04.2022.

Monika Vs Sumit Purbiya — Matrimonial and Divorce | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 151/2021

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Monika W/o Sumit Purbiya, Aged About 32 Years, At Present Kidwai Nagar, Asia Auto Part Street, Behind Roadways Bus Stand, Chittorgarh

¶4

----Petitioner

¶5

Versus

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Sumit Purbiya S/o Narayan Lal, Swastik Cinema, Station Road, Kankroli, Tehsil And District Rajsamand

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----Respondent

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For Petitioner(s)	: Mr. Anil Vyas
For Respondent(s)	: Mr. Dinesh Chandra Mali

¶9

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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22/03/2022

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The present transfer petition has been filed by the petitioner with the prayer that the case No.204/2020 is pending before the learned Family Court, Rajsamand may be transferred to the learned Family Court, Chittorgarh.

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The learned counsel for the petitioner argued that against the respondent, a petition under Section 9 of the Hindu Marriage Act has been preferred by the petitioner before the Court of learned Family Court, Chittorgarh and certain other matrimonial proceedings are also pending before the Court at Chittorgarh between the petitioner and respondent.

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It is submitted that being a lady, it is very difficult for her to travel to Rajsamand which is 102 Kms away from her residential place at Chittorgarh. Therefore, case No.204/2020 may be transferred to Family Court at Chittorgarh.

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(2 of 2)

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[CTA-151/2021]

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Per contra learned counsel for the respondent oppose the prayer made by the petitioner.

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

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It is not in dispute that the petitioner is staying at Chittorgarh and proceedings under Section 9 of the Hindu Marriage Act is pending at Chittorgarh.

¶20

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.

¶21

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.204/2020 pending in the Court of Judge, Family Court, Rajsamand titled as (Sumit Purbiya vs. Monika) be transferred to the Court of Judge, Family Court, Chittorgarh. Both the parties are directed to appear before the Family Court, Chittorgarh on 12.04.2022.

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The Judge, Family Court, Rajsamand is directed to send the record of the case to the Court of Judge, Family Court, Chittorgarh, forthwith.

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(MADAN GOPAL VYAS),J

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73-Jagjeet/-

Monika v. Sumit Purbiya

Case brief

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Monika v. Sumit Purbiya

Case brief

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