This court allowed a transfer petition under Section 24 CPC seeking to shift a matrimonial petition filed under Section 13(1) of the Hindu Marriage Act from Family Court Udaipur to ADJ Gulabpura. The court considered the wife's convenience and cited Supreme Court precedent.
Transfer of the matrimonial case from Family Court Udaipur to ADJ Gulabpura, Rajasthan.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:35850]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 211/2022
Manisha Singh W/o Shri Gajendra Singh, Aged About 31 Years, D/o Shri Lal Bahadur Singh, R/o Jagpura, Police Station Badnor, District Bhilwara. (Rajasthan)
----Petitioner
Versus
Gajendra Singh S/o Shri Tej Singh Sisodiya, At Present R/o 171, Harsh Nagar, Rampura Chouraha, Udaipur-313001 (Rajasthan)
----Respondent
| For Petitioner(s) | : Mr. Vishan Das |
|---|---|
| For Respondent(s) | : Mr. Anuj Sahlot |
| Ms. Deepika Purohit |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment
18/10/2023
The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No.398/2020 preferred by the respondent herein under Section 13(1) of the Hindu Marriage Act 1955, from Family Court No.2, Udaipur to the Court of ADJ, Gulabpura, District Bhilwara.
(2 of 2)
[2023:RJ-JD:35850]
[CTA-211/2022]
(MADAN GOPAL VYAS),J
173-CPGoyal/-
2 issues framed by the court
Whether the matrimonial petition under Section 13(1) of the Hindu Marriage Act should be transferred from Family Court Udaipur to ADJ Gulabpura for the convenience of the wife.
Whether the disability of the respondent-husband is a valid ground to reject the transfer petition.
Colour shows how this judgement treated each authority
Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore TolaniReferred¶4
2010(1) WLC (SC) 705
2 provisions across 2 enactments
Manisha Singh
Gajendra Singh
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
