Allowed

Priyanka Tanwar v. Rajvardhan Singh Panwar

Rajasthan HC7 Oct 2023CTA/135/2022

Case brief

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What is this about?

The High Court allowed a transfer petition filed by the petitioner-wife seeking transfer of Section 13 of the Hindu Marriage Act proceedings from Family Court, Udaipur to Family Court, Bikaner. Relying on Supreme Court precedent regarding the wife's convenience, the Court ordered the case transfer and directed the Udaipur court to send the record.

What did the court decide?

The Civil case No.298/2021 under Section 13 of the Hindu Marriage Act, 1955 pending before Family Court, Udaipur is transferred to Family Court, Bikaner.

Priyanka Tanwar Vs Rajvardhan Singh Panwar — Matrimonial and Divorce | Rajasthan HC (2023)

¶1

[2023:RJ-JD:33588]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 135/2022

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Priyanka Tanwar W/o Rajvardhan Singh, Aged About 33 Years, D/o Bhagwan Singh Tanwar, R/o A-98, Gandhinagar, Bikaner. (Raj.)

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----Petitioner

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Versus

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Rajvardhan Singh Panwar S/o Mahivardhan Singh Panwar, Aged About 33 Years, R/o 41 Aashirwadhan Nagar University Road Udaipur (Raj.)

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----Respondent

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For Petitioner(s)	: Mr. RishirajRahtore
For Respondent(s)	: Mr. PradeepShah

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment

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07/10/2023

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The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 298/2021 preferred by the respondent herein under Section 13 of the Hindu Marriage Act 1955, from Family Court, Udaipur to Family Court, Bikaner. 2. Learned counsel for the petitioner submits that the petitioner has already initiated proceedings against the respondent at Bikaner. Thus it is prayed that application under Section 13 of Hindu Marriage Act may also be transferred to Family Court, Bikaner.

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Learned counsel appearing for respondent opposed the prayer made by the learned counsel for the petitioner.

(2 of 2)

[2023:RJ-JD:33588]

[CTA-135/2022]

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, and accordingly the matrimonial proceedings ought to be transferred where the wife is residing.

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Having regard to the facts and circumstances of the case, this Court deems it appropriate to transfer the petition under Section 13 of the Hindu Marriage Act from Family Court, Udaipur to the Family Court, Bikaner.

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The transfer petition is allowed accordingly.

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It is ordered that the Civil case No.298/2021 under Section 13 of the Hindu Marriage Act 1955, pending before the Family Court, Udaipur be transferred to the Family Court, Bikaner.

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The learned Family Court, Udaipur is directed to send the record of the case to Family Court, Bikaner.

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Both the parties are directed to appear before Family Court, Bikaner on 1.11.2023.

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Learned Family Court, Bikaner is directed to expedite the trial of the case.

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(MADAN GOPAL VYAS),J

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58-CPGoyal/-

Priyanka Tanwar v. Rajvardhan Singh Panwar

Case brief

What is this about?

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Priyanka Tanwar v. Rajvardhan Singh Panwar

Case brief

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