Allowed

Pummie @ Pista Sharma v. Udhav Kumar Dubey

Rajasthan HC17 Aug 2022CTA/91/2022

Case brief

AI extract

What is this about?

The High Court allowed a civil transfer petition under Section 24 CPC to transfer a divorce case from Family Court, Jodhpur to Family Court, Dholpur. The court noted the wife resides in Dholpur, depends on parents, and the Jodhpur case is inconvenient and distant.

What did the court decide?

Case No.468/2015 transferred to Family Court, Dholpur; parties directed to appear on 15.09.2022; record to be sent forthwith.

Pummie @ Pista Sharma Vs Udhav Kumar Dubey — Matrimonial and Divorce | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 91/2022

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Pummie @ Pista Sharma W/o Shri Udhav Kumar Debey, Aged About 39 Years, D/o Shri Prabhu Dayal Sharma, B/c Brahmin, R/ o Plot No. 9, Damodar Nagar, Part-B, Post Narpura (Pachgaon) Dholpur (Raj.)

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----Petitioner

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Versus

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Udhav Kumar Dubey S/o Shri Vyas Dubey, Aged About 39 Years, B/c Brahmin, R/o 2/905, Kudi Bhagtasni Housing Board, Basni, Jodhpur. (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Ranjana Singh Mertia For Respondent(s) :

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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17/08/2022

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The instant Civil Transfer Petition under Section 24 of the Code of Civil Procedure, 1908 has been preferred by the petitioner wife for transferring the case No.468/2015 filed by the respondent husband under Section 13 of the Hindu Marriage Act from the Family Court No.1, Jodhpur Metro, Jodhpur to the Family Court, Dholpur.

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The facts relevant to the present case is that petitioner and the respondent got married on 24.02.2012. It was claimed that the relationship between the petitioner and respondent became strained and, therefore, the petitioner was left with no other option, but to left the matrimonial house.

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Learned counsel appearing for the petitioner submits that only in order to harass and humiliate the petitioner, the

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(2 of 3)

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[CTA-91/2022]

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respondent has preferred the divorce petition under Section 13 of the Hindu Marriage Act at Jodhpur, which is about 750 KM away from Dholpur.

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It is also submitted that the petitioner is totally dependent on her father and she is not in a petition to mitigate the litigation and travelling expenses to attend the day to day proceedings at Jodhpur.

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It is prayed that case No.468/2015 may be transferred to Family Court, Dholpur.

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Despite service nobody has appeared on behalf of the respondent.

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I have heard learned counsel for the petitioner and perused the documents on record. It is not indispute that the petitioner is residing at Dholpur and she is depending upon her parents. The Hon’ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani Vs. Jitesh Kishore Tolani reported in 2010(1) WLC (SC) 705 has observed that in the matrimonial proceedings instituted 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.

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

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It is ordered that the Case no.468/2015 pending in the Family Court No.1, Jodhpur Metro, Jodhpur be transferred to the Family Court, Dholpur.

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Both the parties are directed to appear before the Family Court, Dholpur on 15.09.2022.

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(3 of 3)

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[CTA-91/2022]

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Learned Family Court No.1, Jodhpur Metro, Jodhpur is directed to send the record of this case to the Family Court, Dholpur forthwith.

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(MADAN GOPAL VYAS),J

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74-Hanuman/-

Pummie @ Pista Sharma v. Udhav Kumar Dubey

Case brief

What is this about?

What did the court decide?

Pummie @ Pista Sharma v. Udhav Kumar Dubey

Case brief

What is this about?

What did the court decide?

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