Allowed

Rohini @ Rinki Sharma v. Rajesh Kumar

Rajasthan HC21 Nov 2023CTA/172/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed a transfer petition filed by a wife and her minor daughter. It directed the transfer of a divorce case under Section 9 of the Hindu Marriage Act from Family Court, Merta, to Family Court, Jodhpur Metro due to travel difficulties.

What did the court decide?

Transfer of Case No. 72/2022 from Family Court, Merta to Family Court, Jodhpur Metro allowed. Stay petition disposed of.

Rohini @ Rinki Sharma Vs Rajesh Kumar — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:40043]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 172/2022

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Rohini @ Rinki Sharma D/o Omprakash, Aged About 37 Years, W/o Rajesh Kumar, B/c Vaishnav, R/o C/o Omprakash Khidiya, 355 Laxminagar, Poata B Road, Jodhpur.

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Nidhi D/o Rajesh Kumar, Aged About 16 Years, Minor Through Natural Guardian Mother Smt. Rohini @ Rinki Sharma D/o Omprakash, W/o Rajesh Kumar, R/o C/o Omprakash Khidiya, 355 Laxminagar, Poata B Road, Jodhpur.

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----Petitioners

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Versus

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Rajesh Kumar S/o Madanlal Sharma, Aged About 38 Years, R/o Sikhwalo Ka Mohalla, Merta City, Tehsil Merta, Distt. Nagour.

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----Respondent

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For Petitioner(s) : None present For Respondent(s) : Mr. Surendra Singh Choudhary

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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21/11/2023

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The present transfer petition under Section 24 (1) of CPC has been preferred by the petitioners-wife and daughter for transferring the case No.72/2022 (Rajesh Kumar Vs. Rohini @ Rinki Sharma) preferred by the respondent-husband herein under Section 9 of the Hindu Marriage Act, 1955, from Family Court, Merta, District Nagaur to Family Court, Jodhpur Metro.

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In the petition, it is averred that the petitioner – wife is a lady having a minor child, terefore, it is very difficult for her to travel to Merta from Jodhpur along with minor daughter which is almost 130 kms away on each date of hearing. It is further averred in the petition that petitioner No.1-wife has also filed an application under Section 125

[2023:RJ-JD:40043]

[CTA-172/2022]

(2 of 2)

Cr.P.C. at Family Court, Jodhpur. Thus, it is prayed that application under Section 9 of the Hindu Marriage Act may be transferred from Family Court, Merta, District Nagaur to the Family Court, Jodhpur Metro.

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Learned counsel appearing for the respondent-husband has not opposed the prayer made in the transfer petition.

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

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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 Family Court, Merta, District Nagaur to the Family Court, Jodhpur Metro.

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The transfer petition is allowed accordingly.

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It is ordered that the Case No.72/2022 under Section 9 of the Hindu Marriage Act 1955, pending before learned Family Court, Merta, District Nagaur be transferred to learned Family Court Jodhpur Metro.

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The stay petition also stands disposed of.

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(MADAN GOPAL VYAS),J

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108-Bharti/-

Rohini @ Rinki Sharma v. Rajesh Kumar

Case brief

What is this about?

What did the court decide?

Rohini @ Rinki Sharma v. Rajesh Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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