Allowed

Saroj Kanwar v. Vijay Singh Rathore

Rajasthan HC24 Aug 2022CTA/86/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan transferred a Civil Misc. Case filed under the Hindu Marriage Act from Family Court No.1, Jodhpur Metro to Family Court No.1, Jaipur Metro-II. The transfer was allowed due to the petitioner's residence in Jaipur and her health condition (Tuberculosis), following the Supreme Court's view on spousal convenience.

What did the court decide?

Civil Misc. Case No. 297/2021 is transferred from Family Court No.1, Jodhpur Metro to Family Court No.1, Jaipur Metro-II, Jaipur.

Saroj Kanwar Vs Vijay Singh Rathore — Matrimonial and Divorce | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Transfer Appl. No. 86/2022

¶3

Saroj Kanwar W/o Shri Vijay Singh Rathore, Aged About 41 Years, D/o Shri Sumer Singh Shekhawat, R/o 45, 11-A Bachchharaj Ji Ka Bagh, Pal Road, Sardarpura, Jodhpur, At Present Plot No.161, Ranjeet Nagar, Khatipura, Jaipur (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

Vijay Singh Rathore S/o Shri Bhanwar Singh Rathore, Aged About 41 Years, R/o 45, 11-A Bachchharaj Ji Ka Bagh, Pal Road, Sardarpura, Jodhpur. (Raj.)

¶7

----Respondent

¶8

For Petitioner(s) : Mr. B.S. Rathore For Respondent(s) : Mr. Jitendra Singh Bhaleria Mr. Deepak Pareek

¶9

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

¶10

24/08/2022

¶11

The present Civil Misc. Transfer Petition under Section 24 of the CPC has been filed by the petitioner-wife for transferring the Civil Misc. Case No.297/2021(Vijay Singh Rathore Vs. Smt. Saroj Kanwar) filed by the respondent under Section 13(1)(1a)(1b) of the Hindu Marriage Act, 1955 from the Court of Family Court No.1, Jodhpur Metro to the Family Court No.1, Jaipur Metro-II, Jaipur.

¶12

Learned counsel appearing for the petitioner submits that an application under Section 12, 23(1)(2) of the Domestic Violence Act has already been preferred by the petitioner at CMM & ACMM No.1, Jaipur Metro-II, Jaipur. He further submits that petitioner is having a minor daughter with her and the petitioner is suffering from Tuberculosis and, therefore, it is not possible for her to attend the proceedings at Jodhpur. Thus, it is prayed that the petition under Section 13 of the Hindu Marriage Act may by

¶13

(2 of 2)

¶14

[CTA-86/2022]

¶15

transferred from Family Court No. 1, Jodhpur Metro to the Family Court No.1, Jaipur Metro-II, Jaipur.

¶16

Per contra, learned counsel appearing for the respondent opposed the prayer of the petitioner.

¶17

It is not in dispute that the petitioner is residing at Jaipur and with her there is a minor daughter. It is also not in dispute that the petitioner is suffering from disease-Tuberculosis. 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, the accordingly the matrimonial proceedings ought to be transferred where the wife was residing.

¶18

Looking to the facts and circumstance of the case and the reasons mentioned in the transfer petition, the transfer petition is allowed.

¶19

It is ordered that the Civil Misc. Case No. 297/2021(Vijay Singh Rathore Vs. Smt. Saroj Kanwar) pending in the Court of Family Court No.1, Jodhpur Metro be transferred to the Family Court No. 1, Jaipur Metro-II, Jaipur.

¶20

The Judge Family Court No.1, Jodhpur Metro is directed to send the record of the case to the Court of Judge, Family Court No.1, Jaipur Metro-II, Jaipur.

¶21

Both the parties are directed to appear before the Judge, Family Court No.1, Jaipur Metro-II, Jaipur on 23.09.2022.

¶22

(MADAN GOPAL VYAS),J

¶23

66-neha/-

Saroj Kanwar v. Vijay Singh Rathore

Case brief

What is this about?

What did the court decide?

Saroj Kanwar v. Vijay Singh Rathore

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sultan Vs Mohan Lal

Uday Lal Vs Narendra Kumar and Ors.

Manisha Rajawat Vs Abhay Singh

Pahad Singh @ Parbat Singh Vs Abhay Singh and Ors.

Bharat Vs Shaitan Singh

Union of India Vs Devendra Narain Sharma