Allowed

Smt. Amisha Vaishnav v. Praveen Kumar

Rajasthan HC3 Nov 2023CTA/139/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur transferred a divorce petition filed under Section 9 of the Hindu Marriage Act from Family Court Sri Ganganagar to Family Court Shahpura District Bhilwara following counsel's submission that the wife resides at Bhilwara and has initiated related proceedings there, relying on the Supreme Court's observation in Vinisha Jitesh Tolani regarding the convenience of

What did the court decide?

The petition was allowed; Civil Case No. 138/2023 transferred from Family Court Sri Ganganagar to Family Court Shahpura District Bhilwara.

Smt. Amisha Vaishnav Vs Praveen Kumar — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JD:37670]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 139/2023

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Smt. Amisha Vaishnav W/o Shri Praveen Kumar, Aged About 25 Years, D/o Shri Om Prakash Vaishnav, R/o Kothar Mohalla, Sahapura Distt Bhilwara.

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----Petitioner

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Versus

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Praveen Kumar S/o Shri Om Prakash, R/o Ward No.-4, Hirnawali 18 M.l. Tehsil And Distt Sri Ganganagar

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----Respondent

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For Petitioner(s)	: Mr. Praveen Kumar
For Respondent(s)	: Nonepresent

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment

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03/11/2023

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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. 138/2023 preferred by the respondent herein under Section 9 of the Hindu Marriage Act, 1955 from the learned Family Court, Sri Ganganagar to the learned Family Court, Shahpura, DistrictBhilwara. 2. Learned counsel for the petitioner submits that the petitioner has already initiated proceedings at Bhilwara. It is further submitted that she has filed an application under Section 125 of Cr.P.C. against the respondent at Bhilwara. It is further submitted that she has already preferred an application under Section 13 of the Hindu Marriage Act at Bhilwara. Thus, it is prayed that application under Section 9 of Hindu Marriage Act may

[2023:RJ-JD:37670]

[CTA-139/2023]

(2 of 3)

also be transferred to learned Family Court, Shahpura, District Bhilwara.

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Despite service, nobody appeared on behalf of the respondent.

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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 9 of the Hindu Marriage Act from learned Family Court, Sri Ganganagar to the learned Family Court, Shahpura, DistrictBhilwara.

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The transfer petition is allowed accordingly.

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It is ordered that the Civil case No. 138/2023 under Section

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9 of the Hindu Marriage Act 1955, pending before the learned Family Court, Sri Ganganagar be transferred to the learned Family Court, Shahpura, District-Bhilwara.

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The learned Family Court, Sri Ganganagar is directed to send the record of the case to learned Family Court, Shahpura, DistrictBhilwara.

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Both the parties are directed to appear before learned Family Court, Shahpura, District-Bhilwara on 28.11.2023.

[2023:RJ-JD:37670]

[CTA-139/2023]

(3 of 3)

Learned Family Court, Shahpura, District-Bhilwara is directed to expedite the trial of the case.

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(MADAN GOPAL VYAS),J

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112-Dinesh/-

Smt. Amisha Vaishnav v. Praveen Kumar

Case brief

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Smt. Amisha Vaishnav v. Praveen Kumar

Case brief

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