Partly allowed

Smt. Umesh Devi W/O Yaduraj D/O Kailash Chand Barala v. Yaduraj Gothwal S/O Late Foolchand Gothwal

Rajasthan HC20 Jan 2023CTA/26/2020

Case brief

AI extract

What is this about?

The High Court allowed transfer applications seeking to move divorce maintenance and custody matters from Family Court, Shapura Jaipur, to Family Court, Alwar. The court noted the respondents' repeated non-appearance and the petitioners' financial dependence at the parents' residence, relying on a Supreme Court judgment to permit the transfer and clubbing of proceedings.

What did the court decide?

Transfer of petitions No. 04/2019 and 05/2019 from Family Court, Shapura Jaipur, to Family Court, Alwar for clubbing with divorce petitions.

Smt. Umesh Devi W/O Yaduraj D/O Kailash Chand… — Service and Employment | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

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

¶3

Smt. Umesh Devi W/o Yaduraj D/o Kailash Chand Barala, Aged About 26 Years, B/c Bunkar, R/o Narayanpur, Th. Thanganji, Dist. Alwar At Present Residing In Family Line (Rajwat) Alwar

¶4

----Petitioner

¶5

Versus

¶6

Yaduraj Gothwal S/o Late Foolchand Gothwal, Aged About 28 Years, B/c Bunkar, R/o Village Bishngarh, Th. Shapura, Dist. Jaipur.

¶7

----Respondent

¶8

Connected With

¶9

S.B. Civil Transfer Application No. 25/2020

¶10

Smt. Jyoti Devi W/o Lokesh Gothwal D/o Shri Kailash Chand Barala, Aged About 26 Years, B/c Bunkar, R/o Narayanpur, Theisl Thanagaji, District Alwar (Raj) At Present Residing In Family Line (Rajawat) Alwar (Raj)

¶11

----Petitioner

¶12

Versus

¶13

Lokesh Gothwal S/o Late Phoolchand Gothwal, Aged About 28 Years, B/c Bunkar, R/o Village Bishangarh, Tehsil Shahpura, District Jaipur (Raj)

¶14

----Respondent

¶15

For Petitioner(s) : Mr. Anil Kumar Jain, Adv. For Respondent(s) : None present

¶16

HON'BLE MR. JUSTICE SAMEER JAIN Order

¶17

20/01/2023

¶18

The matter has come up for hearing. Service in the matter is complete. The order-sheets reflects that no one is appearing on behalf of the respondent from the last 4-5 occasions. Even today, when the matter was called, no one appeared for the respondents

¶19

It is submitted by learned counsel for the petitioner that both

¶20

the petitioners are sisters who were married to real brothers. By

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(2 of 2)

¶22

[CTA-26/2020]

¶23

way of present transfer applications, transfer is sought from concerned court Shahpura Jaipur to Family Court Alwar.

¶24

Considering the body of writ petition and the fact that divorce petition under Section 13 of Hindu Marriage Act, 1955, is filed by the petitioners at Alwar; that they are financially dependent upon their parents; that marriage was solemnized in the year 2015; that they are living at their parents’ house, for the convenience of petitioners and relying upon the Apex Court judgment of N.C.V Aishwarya vs. A.S. Saravana Karthik Sha in Civil Appeal No. 4894/2022 , this Court deems it appropriate to allow the present transfer applications.

¶25

It is directed that the petitions No. 04/2019 and 05/2019 filed under Section 9 of HMA before Family Court, Shapura Jaipur be transferred to the Family Court, Alwar. The said petitions may be clubbed with the petitions filed under Section 13 of HMA by the petitioners.

¶26

Both parties shall appear before the transferee court on 20.02.2023. By that time, the record of the case be transmitted from Shapura Jaipur to the transferee court at Alwar. It is made clear that the transferee court shall proceed with the trial at the same stage, and if either of parties do not appear on the date fixed, the trial Court may proceed in accordance with law.

¶27

It is expected that the learned Family Court, Alwar shall dispose of the matters as expeditiously as possible; preferably within the prescribed time period as stipulated in the Act.

¶28

Accordingly, transfer applications are allowed. Pending applications, if any, stands disposed of.

¶29

(SAMEER JAIN),J

¶30

ANIL SHARMA /4-5

Smt. Umesh Devi W/O Yaduraj D/O Kailash Chand Barala v. Yaduraj Gothwal S/O Late Foolchand Gothwal

Case brief

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Smt. Umesh Devi W/O Yaduraj D/O Kailash Chand Barala v. Yaduraj Gothwal S/O Late Foolchand Gothwal

Case brief

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