Allowed

Smt. Neha W/O Shri Mohit Longani D/O Late Shri Ajay Ghei, v. Mohit Longani S/O Shri Rajesh Longani

Rajasthan HC10 May 2022CTA/207/2021

Case brief

AI extract

What is this about?

Alloted civil transfer application transferred matrimonial divorce proceedings from Family Court No.1, Kota, to Family Court No.1, Bikaner. The court recognized the petitioner's residence, young child, and health concerns, and relied on earlier precedents ordering such transfers for convenience and gender justice.

What did the court decide?

Transferred the pending divorce proceedings from Family Court No.1, Kota, to Family Court No.1, Bikaner.

Smt. Neha W/O Shri Mohit Longani D/O Late… — Child Custody and Guardianship | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 20712021

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Smt. Neha W/o Shri Mohit Longani D/o Late Shri Ajay Ghei, Aged About 36 Years, Rlo H.no. 4-E-34, Jai Narayan Vyas . Colony, Bikaner, Raj.

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----Petitioner

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Versus

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Mohit Longani S/o About 41 Years, R/
o H.no. 131332, .. Ajmer (Raj.) At
Present H.no. Colony,
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---.F$@spondent
F..gy*:
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For Petitioner(s1 : Mr. Samarth Sharma
d
For Respondent(s) ;S",MLi
- -.;i$,, ' ^"Pp i4
PAL VYAS

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The instant transfdr..i# has been filed by the petitioner with the pr3d nlpetition filed by the respondent under Sel u Marriage Act, 1955 (hereinafter referred -. . ~ r short) for granting decree of divorce bein Mohit Longani versus Smt. Neha preferred by the respondent before the Court of learned Family Court No.1, Kota may be transferred to the Family Court at Bikaner.

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The facts in brief are that the marriage between the petitioner and the respondent was solemnized on 10.12.2013 at Bikaner. It is submitted that after few days of marriage, the relationship between the spouse became strained and therefore,

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the petitioner was forced to leave her matrimonial home. It is also submitted that the petitioner also lodged an FIR No. 19/2020 alleging offences under Sections 498A, 406, 323, 354A and 377 Cr.P.C. at Police Station Mahila Thana, Bikaner and after investigation the investigating agency has already filed charge sheet. Pursuant thereto, a criminal case being Criminal Case No.19/2020 is pending con side ratio^ before the court of JM-111, section 125 Cr.P.C. before

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unsel appearing for the petitio since the proceedin 5 Cr.P.C. as well as the criminal case i y her are pending consideration at the ore, application filed under section 13 (i)(i or granting decree of divorce may be trans ily Court at Bikaner. Further, learned c argued that the applicant is having a bout 4 years and she cannot travel to Kota:: istance between Kota to Bikaner is about o submitted that the . . .. ... . petitioner has no sour ore, she is not able to . - .. , ... . bear the expenses to travel from Bikaner to Kota and her father is also suffering from the cancer and there is no other male member in her family to accompany her for attending day to day proceedings at Kota. Thus, it is submitted that the petition preferred by the respondent-husband for granting decree of divorce may be transferred from the court of Family Court No.1, Kota to Court of Family Court, Bikaner.

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In support of his contentions, learned coun'sel for the petitioner has relied upon the following judgments: (1) Swati Paliwal versus Neeraj @ Tejas Paliwal (SB Civil Transfer Application No. 12712019) decided on 11.09.2019 (2) Anshu Bhatnagar versus Rajendra Bhatnagar (SB Civil Transfer Application No. 1312012) decided on 19.11.2012.

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Per contra, learned counsel appearing for the respondent opposed the for the petitioner. as well as

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proceedings under Sec ell as criminal case No. 1912020 is pendin e Court of JM-111, Bikaner.

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The Hon'ble Sup case of Vinisha Jitesh Tolani @ Manmeet Lagh Kishore Tolani reported in 2010 (1) WLC (SC) ed that in matrimonial proceedings institute gainst the wife, the convenience of the ed for contesting the suit and accordingly ceedings ought to be transferred where the

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It is an admitted position that the petitioner is having a minor daughter aged about 4 years and her father is also suffering from cancer. Not only this, from Kota to Bikaner, the distance is about 590 KMs and, therefore, it is cumbersome for the petitioner to attend day to day proceedings at Court of Kota.

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I have also perused the ratio laid down by this Court in the case of Anshu Bhatnagar (supra) wherein this Court in para 7 has observed as under:

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The Court has to be sensitive to the practical difficulties faced by a woman whiie traveling especially when she happens to be saddled with the responsibilities of looking after a young child. The Court can neither ignore the concept of gender justice, nor ignore the fact that the woman is entitled to seek justice as much as a man. The petitioner has clearly pointed out that she has to look after a child of three and half years and age_d%p& would be ,$& f %J" ngs which has been initiated bq, he regndent in the Family Court at Jodhpur.($r inaccessibility to th t at Jodhpur may deprive her of just!

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Looking to t nces and reasons mentioned in the trans sfer petition is allowed. It is ordered that the (Mohit Lognani versus Smt. Neha) pending b udge, Family Court No.1, Kota be transferred t e, Family Court No.1, Bikaner. Both the pa ear before the Family Court No.1, Bikaner

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The Judge, Famil ,is directed to send the record of the case to the Court c^qq::fi. ,f "'de, Family Court No.1, Bikaner forthwith.

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(MADAN GOPAL VYAS),J

Smt. Neha W/O Shri Mohit Longani D/O Late Shri Ajay Ghei, v. Mohit Longani S/O Shri Rajesh Longani

Case brief

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What did the court decide?

Smt. Neha W/O Shri Mohit Longani D/O Late Shri Ajay Ghei, v. Mohit Longani S/O Shri Rajesh Longani

Case brief

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