Allowed

Meena v. Surendra Singh Alias Shrawan Singh

Rajasthan HC29 Aug 2023CTA/26/2020

Case brief

AI extract

What is this about?

This transfer petition sought to move a divorce case from the Family Court, Rajsamand to the Family Court, Ajmer based on Section 24 of the CPC. The court noted pending maintenance proceedings in Ajmer and the wife's residence there, citing Supreme Court precedent regarding the wife's convenience in matrimonial disputes.

What did the court decide?

Civil case No.39/2019 transferred to Family Court, Ajmer; record directed to be sent; parties to appear on 11.9.2023; trial directed to be expedited.

Meena Vs Surendra Singh Alias Shrawan Singh — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JD:27447]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 26/2020

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Meena W/o Shri Surendra Singh @ Shrawan Singh, Aged About 30 Years, D/o Shri Mithu Singh, B/c Rawat, R/o Village Kundal, Tehsil Beawar, At Present Idgah Colony, Near Ashapura Mandir, Vaishali Nagar, Ajmer (Rajasthan)

¶5

Ku. Tamanna D/o Shri Surendra Singh, Aged About 8 Years, (Minor) Through Her Mother And Natural Guardian Smt. Meena W/o Shri Surendra Singh @ Shrawan Singh, B/c Rawat, R/o Village Kundal, Tehsil Beawar, At Present Idgah Colony, Near Ashapura Mandir, Vaishali Nagar, Ajmer (Rajasthan)

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----Petitioners

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Versus

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Surendra Singh Alias Shrawan Singh S/o Shri Devi Singh, Aged About 33 Years, B/c Rawat, R/o Village Baggar, Tehsil Bhim, District Rajsamand (Rajasthan) . Second Address - Rajput Surendra Singh R.d. Mobile And Gift Add. 143/1 Shop No. 1, Krishna Apt. Dimpala Soc. Ramnagar, Rander Road, Surat (Gujarat) (Mobile No. 99745-77805)

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----Respondent

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For Petitioner(s)	: Mr. Deelip Kawadiya with Ms. Rakhi
	Choudhary
For Respondent(s)	: Nonepresent

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Judgment

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29/08/2023

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The present transfer petition under Section 24 of CPC has been preferred by the petitioners for transferring the case No. 39/2019 preferred by the respondent herein under Section 13(1) (1A) of the Hindu Marriage Act 1955, from the Family Court, Rajsamand to the Family Court, Ajmer.

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[2023:RJ-JD:27447]

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[CTA-26/2020]

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Learned counsel for the petitioners submits that the application under Section 125 of Cr.P.C. preferred by the petitioner is pending before the learned Family Court, Ajmer. Thus it is prayed that application under Section 13 of Hindu Marriage Act may also be transferred from Family Court, Rajsamand to the Family Court, Ajmer.

¶18

Despite notice, 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 13 of the Hindu Marriage Act from the Family Court, Rajsamand to the Family Court, Ajmer.

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The transfer petition is allowed accordingly.

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It is ordered that the Civil case No.39/2019 under Section 13(1)(1A) of the Hindu Marriage Act 1955, pending before the Family Court, Rajsamand be transferred to the Family Court, Ajmer.

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The learned Family Court, Rajsamand is directed to send the record of the case to Family Court, Ajmer.

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(3 of 3) [CTA-26/2020]

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[2023:RJ-JD:27447]

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Both the parties are directed to appear before Family Court,

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Ajmer on 11.9.2023.

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

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(MADAN GOPAL VYAS),J

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101-CPGoyal/-

Meena v. Surendra Singh Alias Shrawan Singh

Case brief

What is this about?

What did the court decide?

Meena v. Surendra Singh Alias Shrawan Singh

Case brief

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What did the court decide?

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