Allowed

Smt. Surabhi Mehendiratta D/O Shri Harish Bhalla v. Vivek Mehendiratta S/O Shri Surendra Kumar

Rajasthan HC4 Jul 2022CTA/82/2021

Case brief

AI extract

What is this about?

The High Court allowed a transfer application seeking to move a Hindu Marriage Act application from Family Court, Ajmer to Family Court, Jaipur. The respondent consented to the transfer, and the court deemed it just and proper. The application was transferred, and parties were directed to appear before the transferee court.

What did the court decide?

Transfer of application No.106/2021 from Family Court, Ajmer to Family Court No.2, Jaipur allowed; parties directed to appear on 10.08.2022.

Smt. Surabhi Mehendiratta D/O Shri Harish… — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Transfer Application No. 82/2021

¶3

Smt. Surabhi Mehendiratta D/o Shri Harish Bhalla, Aged About 29 Years, Resident Of Plot No. 233/13, Sector 23 Rajasthan Housing Board, Haldighati Marg, Pratap Nagar Jaipur (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

Vivek Mehendiratta S/o Shri Surendra Kumar, Aged About 33 Years, Resident Of 1 Ch 1, Housing Board, Colony Dholabhata, Ajmer (Raj.)

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Sandesh Khandelwal For Respondent(s) : Mr. Arpit Dotasra

¶9

HON'BLE MR. JUSTICE SUDESH BANSAL

¶10

Order

¶11

04/07/2022

¶12

Petitioner-wife has filed this transfer application under Section 24 of CPC seeking transfer of application No.106/2021, titled Vivek Mehendiratta vs. Smt. Surabhi Mehendiratta, filed under Section 9 of Hindu Marriage Act, 1955, by respondenthusband from the Family Court, Ajmer to Family Court, Jaipur.

¶13

Learned counsel for petitioner submits that petitioner-wife has already moved an application for maintenance under Section 125 Cr.P.C. which is pending before the Family Court No.2, Jaipur and she is having responsibility of a minor child and hence there is difficulty to attend the court proceedings at Family Court, Ajmer.

¶14

After issuing notices, counsel for respondent has put in appearance.

¶15

(2 of 2)

¶16

[CTA-82/2021]

¶17

Counsel for respondent, on instructions of respondent, does not oppose the transfer application and gives consent that the transfer application may be made absolute.

¶18

Considering reasons assigned by petitioner and in facts and circumstances of the present case, this Court deems it just and proper to allow this transfer application and the same is allowed. The application No.106/2021, pending before the Family Court, Ajmer is transferred to Family Court No.2, Jaipur.

¶19

Both parties shall appear before the transferee court on 10.08.2022 by that time the record be transmitted to the transferee court. It is made clear that the transferee court shall proceed with the trial at the same stage and if either of parties do not appear on the date fixed, the trial Court may proceed in accordance with law.

¶20

Accordingly, transfer application stands allowed.

¶21

All pending application(s), if any, stand(s) disposed of.

¶22

SAURABH/40

Smt. Surabhi Mehendiratta D/O Shri Harish Bhalla v. Vivek Mehendiratta S/O Shri Surendra Kumar

Case brief

What is this about?

What did the court decide?

Smt. Surabhi Mehendiratta D/O Shri Harish Bhalla v. Vivek Mehendiratta S/O Shri Surendra Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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