Allowed

Kanchan Kanwar v. Parbat Singh

Rajasthan HC3 Feb 2023CTA/112/2021

Case brief

AI extract

What is this about?

High Court of Rajasthan allowed a transfer petition to move a civil proceeding under Section 9 of the Hindu Marriage Act from Family Court Pali to the Court of Additional District Judge at Bilara, where related criminal and maintenance proceedings were pending, to avoid multiplicity of proceedings.

What did the court decide?

Transfer of Misc. Petition No. 233/2019 from Family Court Pali to the Court of Additional District Judge at Bilara within three weeks.

Kanchan Kanwar Vs Parbat Singh — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023/RJJD/003830]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 112/2021

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Kanchan Kanwar W/o Parbat Singh, Aged About 27 Years, Jethwas, Tehsil Bilara, District Jodhpur

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----Petitioner

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Versus

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Parbat Singh S/o Shiv Singh, Aged About 34 Years, Village Tewali, Tehsil And District Pali

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----Respondent

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For Petitioner(s)	: Mr.	Gautam Bhargav
For Respondent(s)	: Mr.	Ramdev Rajpurohit

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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03/02/2023

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The present transfer petition has been preferred on behalf of the petitioner-wife for transferring the petition under Section 9 of the Hindu Marriage Act, 1955 preferred by respondent-husband at Family Court Pali to Family Court, Jodhpur.

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It has been submitted in the petition that petitioner has preferred an application under Section 125 Cr.P.C. alongwith an interim application before the Family Court No.1, Jodhpur and had also lodged an FIR at Police Station, Bilara, District Jodhpur. The criminal proceedings in pursuance to the FIR as well as the proceedings on the application under Section 125 Cr.P.C. remain pending as on date at Bilara as subsequently, Court of Additional District Judge has been created at Bilara and all the matters pertaining to the jurisdiction of Bilara have been transferred to the said Court. It has therefore been submitted that as other

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[2023/RJJD/003830]

[CTA-112/2021]

proceedings are already pending at Bilara, the application under Section 9 may also be transferred to Bilara.

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It is clear on record that the FIR as well as the application under 125 Cr.P.C. had been preferred by the petitioner at Bilara and subsequently, after the same being filed, an application under Section 9 has been preferred by the husband at Pali.

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In the overall facts and circumstances of the case, this Court deems it fit to transfer the petition pending before Family Court, Pali to the Court of Additional District Judge at Bilara.

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In view of the above, the present transfer petition is allowed . The Family Court, Pali is directed to send the complete file/record of Misc. Petition No.233/2019 (Parbat Singh vs. Kanchan Kanwar) to the Court of Additional District Judge, Bilara within a period of three weeks. It is made clear that after the transfer of the said petition to the learned Additional District Judge at Bilara, it would proceed in accordance with law.

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Stay petition stands disposed of.

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(REKHA BORANA),J

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27-T.Singh/-

Kanchan Kanwar v. Parbat Singh

Case brief

What is this about?

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Kanchan Kanwar v. Parbat Singh

Case brief

What is this about?

What did the court decide?

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