The High Court allowed a transfer petition under Section 24 CPC moving a divorce suit filed by the husband at Bikaner to Jodhpur. Citing Supreme Court precedent, the court transferred the case to serve the convenience of the wife residing in Jodhpur.
Transfer of Civil Case No.573/2021 from Family Court No.1, Bikaner to Family Court No.1, Jodhpur Metro.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 38/2022
Priyanka Ojha W/o Anand Kumar Shrimali, Aged About 35 Years, Brahampuri Deraga, Chandpole, Near Madhweswar Mahadev Temple, Jodhpur
----Petitioner
Versus
Anand Kumar Shrimali S/o Ganeshi Lal Shrimali, Outside Of Benisar Bari, Near Mahalaxmi Temple, Bikaner
----Respondent
| For Petitioner(s) | : Mr. G. S. Rathore |
|---|---|
| For Respondent(s) | : Mr. Pravez Khan Moyal |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
28/11/2022
The present civil misc. transfer petition under Section 24 of the CPC has been preferred by the petitioner (wife) seeking transfer of Civil Case No.573/2021 (Anand Kumar Shrimali Vs. Priyanka Ojha) filed by the respondent husband under Section 13 of the Hindu Marriage Act before the Family Court No.1, Bikaner to the Family Court No.1, Jodhpur Metro.
Learned counsel for the petitioner submits that the petitioner is residing at her parental house in Jodhpur after being ill treated by her husband and his family members. The distance between Jodhpur and Bikaner is about 250KM. The petitioner being lady is not able to go to Bikaner to attend day to day proceedings and also she does not have any source of income, therefore, it is difficult for her to afford the travel expenses. Thus, it is prayed that the petition under Section 13 preferred by the respondent at
(2 of 2) [CTA-38/2022]
Family Court No.1, Bikaner be transferred to the Family Court No.1, Jodhpur Metro.
Learned counsel for the respondent opposed the prayer made by learned counsel for the appellant.
I have heard learned counsel for the parties and perused the documents placed on record.
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.
Looking into the facts and circumstances of the case and the reasons mentioned in the transfer petition, the transfer petition is allowed.
It is ordered that the Civil Misc. Case No.573/2021 (Anand Kumar Shrimali Vs. Priyanka Ojha) pending in Family Court No.1, Bikaner, be transferred to the learned the Family Court No.1, Jodhpur Metro.
The Judge Family Court No.1, Bikaner is directed to send the record of the case to the Family Court No.1, Jodhpur Metro.
Both the parties are directed to appear before the Family Court No.1, Jodhpur Metro on 20.12.2022.
(MADAN GOPAL VYAS),J
78-nidhi/-
1 issue framed by the court
Whether the civil case filed by the husband under Section 13 of the Hindu Marriage Act should be transferred from Bikaner to Jodhpur considering the wife's residence and difficulties in travel.
Colour shows how this judgement treated each authority
Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore TolaniReferred¶18
Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore Tolani 2010(1) WLC (SC) 705
2 provisions across 2 enactments
Priyanka Ojha
Anand Kumar Shrimali
Madan Gopal Vyas
As recorded by the court registry
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