Allowed

Sangeeta v. Janardan Singh Bhakar

Rajasthan HC16 Oct 2023CTA/157/2021

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition to move a divorce case under Section 13 of the Hindu Marriage Act from Family Court Udaipur to Family Court Chittorgarh. The transfer was mandated to ensure the wife's convenience due to her residence and dependency.

What did the court decide?

Transfer of Case No.92/2021 from Family Court No.1, Udaipur to Family Court, Chittorgarh and direction to expedite trial.

Sangeeta Vs Janardan Singh Bhakar — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JD:35300]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 157/2021

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Sangeeta W/o Janardan Singh Bhakar, Aged About 34 Years, 154, Shyam Vihar, Rto Office, District Udaipur At Present Residing At T-3 Collectrate In Front Of Bsnl Office, District Chittorgarh

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----Petitioner

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Versus

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Janardan Singh Bhakar S/o Sitaram Bhakar, Aged About 34 Years, 154, Shyam Vihar, Rto Office, District Udaipur

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----Respondent

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For Petitioner(s) : Mr. R.K. Charan For Respondent(s) : Mr. Rajvendra Sawraswat

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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16/10/2023

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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.92/2021 preferred by the respondent-husband herein under Section 13 of the Hindu Marriage Act, 1955, from Family Court No.1, Udaipur to the Family Court, Chittorgarh.

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Learned counsel for the petitioner submits that the petitioner is a lady and is dependent on her father who is an old aged person and is currently residing at Chittorgarh. It is further submitted that distance between Udaipur to Chittorgarh is around 110 kms. Therefore, under such circumstances, it will not be possible for her to defend her case against the respondent-husband at Udaipur on each and every date of hearing. Thus, it is prayed that application

[2023:RJ-JD:35300]

[CTA-157/2021]

(2 of 3)

under Section 13 of the Hindu Marriage Act may be transferred from Family Court No.1, Udaipur to the Family Court, Chittorgarh.

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

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I have heard learned counsel for the parties and perused the material available on record.

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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 13 of the Hindu Marriage Act from Family Court No.1, Udaipur to the Family Court, Chittorgarh.

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The transfer petition is allowed accordingly.

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It is ordered that the Case No.92/2021 under Section 13 of the Hindu Marriage Act 1955, pending before Family Court No.1, Udaipur be transferred to the Family Court, Chittorgarh.

(3 of 3)

[2023:RJ-JD:35300]

[CTA-157/2021]

The Family Court No.1, Udaipur is directed to send the record of the case to the Family Court, Chittorgarh.

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Both the parties are directed to appear before the Family Court, Chittorgarh on 20.11.2023.

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

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The stay application stands disposed of accordingly.

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(MADAN GOPAL VYAS),J

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76-Bharti/-

Sangeeta v. Janardan Singh Bhakar

Case brief

What is this about?

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Sangeeta v. Janardan Singh Bhakar

Case brief

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