Allowed

Shweta Bhagwati W/O Shri Abhishek Kumar Bhargava, D/O Shri Rajendra Bhagwati v. Abhishek Kumar Bhargava S/O Late Shri Brajmohan Bhargava

Rajasthan HC2 Jun 2023CTA/23/2021

Case brief

AI extract

What is this about?

The Court allowed a transfer application filed under Section 24 CPC to move a matrimonial suit from Family Court, Alwar to Family Court, Jaipur, citing the present residence of both parties and lack of family support in Kota, relying on relevant Supreme Court judgments.

What did the court decide?

Case No. 274/2020 be transferred from Family Court No. 1 Alwar to Family Court, Jaipur.

Shweta Bhagwati W/O Shri Abhishek Kumar Bhargava… — Matrimonial and Divorce | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 23/2021

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Shweta Bhagwati W/o Shri Abhishek Kumar Bhargava, D/o Shri Rajendra Bhagwati, aged about 35 years, Pesha Doctor, Forensic Department Sawai Mansingh Hospital, jaipur niwasi Plot No.04, Ganesh Vihar, Near Ganga Jamna Petrol Pump, Santosh Nagar, Mansarovar Jaipur (Rajasthan), presently resident at D-93A, Acharya Kripalani Marg, Adarsh Nagar, Jaipur Mobile No.8005845380

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----Petitioner

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Versus

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Abhishek Kumar Bhargava S/o Late Shri Brajmohan Bhargava aged about 35 years, pesha Nokri atirikt Civil Nyayadheesh & Nayayik Magistrate-I, sthayi niwasi 235 kile ke niche, patti meeran, bahadurpur, District Alwar, Hal wasi Bhooteshwar Mandir ke pass, Pinahat Chauraha, Rajakheda, District Dholpur (Raj.) Mobile No.9887718685

¶7

----Respondent

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For Petitioner(s)	: Mr. Amit Kumar Soni,Adv.
For Respondent(s)	: Mr. Ankit Jain, Adv. on behalf of
	Mr. M. C. Jain,Adv.

¶9

HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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02/06/2023

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This transfer application has been filed by the applicant-wife under Section 24 of the Code of Civil Procedure seeking transfer of Case No. 274/2020 titled as “Abhishek Kumar Bhargava Vs. Shweta Bhagwati” filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 from Family Court No.1, Alwar to Family Court, Jaipur.

¶13

[CTA-23/2021]

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(2 of 3)

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Heard the arguments advanced by learned counsel for the parties.

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Considering the contentions put forth by the learned counsel for the parties and considering the fact that the applicant is presently residing in Jaipur; that the non-applicant husband is also currently posted in Jaipur; that the applicant does not have the infrastructural support, in terms of family members, who can accompany her to court proceedings pending in Kota and relying upon the judgments of the Apex Court in N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha: Civil Appeal No. 4894/2022, Sumita Singh Vs. Kumar Sanjay & Ors.: AIR 2002 SC 396, Rajni Kishor Pardeshi Vs. Kishor Babulal Pardeshi: (2005) 12 SCC 237 , and Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap: AIR 2016 SC 3584 , this Court is inclined to allow the present transfer application.

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Accordingly, the present transfer application is allowed. Case No. 274/2020 be transferred from Family Court No.1, Alwar to Family Court, Jaipur.

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Both parties are directed to appear before the transferee court on 03.07.2023. By that time, the record of the case be transmitted to the transferee Court by the Court concerned. It is made clear that if any of the parties would not appear on the date fixed by this Court, the transferee court would be at liberty to proceed in accordance with law.

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It is expected that the transferee court shall dispose of the matter as expeditiously as possible; preferably within the prescribed time period as stipulated in the Act.

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[CTA-23/2021]

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(3 of 3)

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Stay application and other pending applications, if any, stand disposed of.

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Registrar (Judicial) is directed to supply a copy of this order to the concerned Court, Alwar, forthwith, for necessary compliance.

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(SAMEER JAIN),J

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SA/5

Shweta Bhagwati W/O Shri Abhishek Kumar Bhargava, D/O Shri Rajendra Bhagwati v. Abhishek Kumar Bhargava S/O Late Shri Brajmohan Bhargava

Case brief

What is this about?

What did the court decide?

Shweta Bhagwati W/O Shri Abhishek Kumar Bhargava, D/O Shri Rajendra Bhagwati v. Abhishek Kumar Bhargava S/O Late Shri Brajmohan Bhargava

Case brief

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