Allowed

Smt. Deepika Saxena W/O Amit Saxena D/O Chandramohan Saxena v. Amit Saxena S/O Shri V.K. Saxena

Rajasthan HC17 Aug 2022CTA/82/2020

Case brief

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What is this about?

In a transfer application under Section 24 CPC, the High Court of Rajasthan allowed the transfer of a divorce petition from Family Court, Jaipur to Family Court, Kota. The transfer was deemed just and proper to accommodate the applicant-wife's residence and convenience in Kota.

What did the court decide?

The divorce petition record is transferred from Family Court No.1, Jaipur to Family Court No.1, Kota, with parties to appear on 12.09.2022.

Smt. Deepika Saxena W/O Amit Saxena D/O… — 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. 82/2020

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Smt. Deepika Saxena W/o Amit Saxena D/o Chandramohan Saxena, Aged About 32 Years, R/o House No. 3, Infront Of Mangalayatan Apartment, Bal Mandir, School Road, Vaya Jain Mandir Road, Kota Near Junction, Kota (Raj.)

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----Applicant

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Versus

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Amit Saxena S/o Shri V.k. Saxena, Aged About 41 Years, R/o 64 7A, Surya Nagar , Gopal Pura By Paas Jaipur (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Deepak Pareek For Respondent(s) : Ms. Sonal Meena

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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17/08/2022

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This transfer application has been filed under Section 24 CPC, seeking transfer of divorce petition filed by respondent under Section 13 of the Hindu Marriage Act, 1955 from Family Court, No.1, Jaipur to Family Court, Kota.

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Counsel for applicant-wife submits that applicant-wife is residing at Kota with her 70 years old sick father and with her young child below the age of 10 years and it is highly inconvenient and cumbersome for her to appear and contest the divorce petition before the Family Court, Jaipur.

¶14

Counsel for applicant-wife submits that at the time of filing the divorce petition itself, the respondent-husband has mentioned the address of Kota, thus the Family Court, Kota has jurisdiction to decide the divorce petition.

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(2 of 2)

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[CTA-82/2020]

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Counsel for respondent-husband has opposed the transfer application.

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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)

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10 SCC 41] and Aarti Rani alias Pinki Devi Vs. Dharmendra Kumar [(2008) 9 SCC 353] may be given.

¶20

In view of facts, mentioned hereinabove, 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 No.1, Jaipur to Family Court No.1, Kota.

¶21

Both parties shall appear before the transferee court on 12.09.2022.

¶22

(SUDESH BANSAL),J

¶23

SACHIN/33

Smt. Deepika Saxena W/O Amit Saxena D/O Chandramohan Saxena v. Amit Saxena S/O Shri V.K. Saxena

Case brief

What is this about?

What did the court decide?

Smt. Deepika Saxena W/O Amit Saxena D/O Chandramohan Saxena v. Amit Saxena S/O Shri V.K. Saxena

Case brief

What is this about?

What did the court decide?

What the court decided

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