Allowed

Reena Maurya W/O Shri Labhchand Verma D/O Shri Babulal v. Labhchand Verma S/O Shri Kalyan Sahay Verma

Rajasthan HC6 Jul 2022CTA/22/2021

Case brief

AI extract

What is this about?

This transfer application under Section 24 CPC sought to move divorce proceedings from the Family Court, Tonk to Family Court No.3, Jaipur. The High Court allowed the transfer due to the petitioner's residence in Jaipur and convenience.

What did the court decide?

Divorce petition record transferred from Family Court, Tonk to Family Court No.3, Jaipur.

Reena Maurya W/O Shri Labhchand Verma D/O Shri… — Matrimonial and Divorce | 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. 22/2021

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Reena Maurya W/o Shri Labhchand Verma D/o Shri Babulal, Aged About 36 Years, R/o H.No. 4A, Saini Colony Vistar, Kartarpura, Mahesh Nagar,ward No. 15 Tehsil And District Jaipur.

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----Petitioner

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Versus

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Labhchand Verma S/o Shri Kalyan Sahay Verma, Aged About 38 Years, R/o Village Devadavaas, Post Devadavaas, Tehsil Dooni, District Tonk (Raj.) Presently Working At - Third Grade Teacher, Govt. Girls Upper Primary School, Vijaygarh (Tumbipura), Mu. Post Uniyara, District Tonk (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Chitrank Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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06/07/2022

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Petitioner-wife has filed this transfer application under Section 24 CPC seeking transfer of divorce petition bearing No.04/2002 titled Labhchand Verma vs. Reena Maurya from the Family Court, Tonk to the Family Court No.3, Jaipur.

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Despite the service of notices, no one has put in appearance on behalf of respondent to oppose the transfer application.

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It has been submitted that the applicant-wife residing at Jaipur and it is difficult and cumbersome for her to contest and attend the court proceedings before the Family Court, Tonk.

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It has been further submitted that earlier the applicant has moved an application for maintenance under Section 125 CrPC, which was decided by the Family Court No.3, Jaipur vide order dated 14.03.2016,

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(2 of 2)

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[CTA-22/2021]

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and in pursuant thereof, the further proceedings under Section 125(3) CrPC are yet pending. In the proceedings for maintenance, respondenthusband is appearing before the Family Court No.3, Jaipur. That apart, other family exigencies regarding the sickness of applicant’s mother have also been alleged.

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For transfer of matrimonial matters, Hon’ble Supreme Court in umpteen number of cases have held that the convenience of wife should be looked into and matters may be transferred where the wife resides. Reference of few cases, Sumita Singh Vs. Kumar Sanjay, [(2001) 10 SCC 41] and Aarti Rani alias Pinki Devi Vs. Dharmendra Kumar [(2008) 9 SCC 353] may be given.

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In view of facts, mentioned hereinabove and further that no one has put in appearance on behalf of respondent to contest the transfer application, this Court deems it just and proper to allow the transfer application, hence the same is allowed and the record of the divorce petition be transferred from the Family Court, Tonk to the Family Court No.3, Jaipur.

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Both parties shall appear before the transferee court on 12.08.2022.

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It is made clear that the transferee court shall proceed with the trial at the same stage and if either of the parties do not appear on the fixed date, the trial court may proceed in accordance with law.

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Accordingly, the stay application stands disposed of.

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(SUDESH BANSAL),J

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SACHIN /37

Reena Maurya W/O Shri Labhchand Verma D/O Shri Babulal v. Labhchand Verma S/O Shri Kalyan Sahay Verma

Case brief

What is this about?

What did the court decide?

Reena Maurya W/O Shri Labhchand Verma D/O Shri Babulal v. Labhchand Verma S/O Shri Kalyan Sahay Verma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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