Allowed

Lalita Joshi v. Sunil Joshi

Rajasthan HC24 Apr 2023CTA/269/2022

Case brief

AI extract

What is this about?

High Court allowed transfer of a matrimonial dissolution case filed by the husband in Jaipur to Family Court in Jodhpur to facilitate the wife's attendance, citing her financial dependence, residence, and ongoing DV proceedings there, aligned with Supreme Court principles.

What did the court decide?

Case transferred to Family Court No.1, Jodhpur; record to be sent immediately; parties to appear on 17.5.2023.

Lalita Joshi Vs Sunil Joshi — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023/RJJD/011611]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 269/2022

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Lalita Joshi W/o Shri Sunil Joshi, Aged About 28 Years, D/o Shri Prakash Chand, Resident Of Ratnesh Kripa Society, Silari Road, Near Telephone Exchange, Pipar City, District Jodhpur-342601 (Rajasthan)

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----Petitioner

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Versus

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Sunil Joshi S/o Shri Kanmal Joshi, Aged About 38 Years, Resident Of House No. 543/23, Gali No.17, Behind Longiya Hospital, Naval Nagar, Longiya Mohalla, Ajmer Rajasthan.-305001. At Present Quarter No. S-3, Sihfw Campus, Near Doordarshan Kendra, Tehsil Sanganer, District Jaipur, Rajasthan-302004.

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----Respondent

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For Petitioner(s)	: Mr. Rahul Raj
For Respondent(s)	: Mr. Bheem Kant Vyas & Mr. Sourabh
	Kant Vyas,Mr. Umesh Kumar Sharma

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

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24/04/2023

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The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Case No. 810/2022 “Sunil Joshi Vs. Smt. Lalita Joshi” preferred by the respondent-husband pending in the Court of Family Court No.2, Jaipur to the Family Court No.1, Jodhpur.

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Heard learned counsel for the parties and perused the material available on record.

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Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized on 24.11.2012 at Jodhpur as per the Hindu rites

[2023/RJJD/011611]

[CTA-269/2022]

(2 of 4)

and out of the wedlock, one female child namely Aradhya Joshi was born on 10.1.2014 who is residing with the petitioner. Since the petitioner-wife was harassed in connection with demand of dowry, therefore, she lodged an FIR No.24/2022 at Mahila Police Station Jodhpur Rural under Section 498A, 406, 323, 354 IPC, in which the investigation is going on. She has also filed case under the Domestic Violence Act before the Additional Chief Judicial Magistrate, Pipar City which is pending consideration. However, with a view to harass and humiliate the petitioner, the respondenthusband has moved application under Section 13 (A) of the Hindu Marriage Act before the Family Court No.2, Jaipur seeking dissolution of marriage.

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Learned counsel for the petitioner further submitted that the petitioner is a young lady and having no source of income. She along with her minor child is residing at Pipar City, District Jodhpur with her parents. There is no one in the family of the petitioner to accompany her to travel from Pipar City, District Jodhpur to Jaipur to attend the case instituted by her husband. The distance between Jodhpur to Jaipur is approx.300 kilometers. Therefore, it is very difficult for the petitioner to travel from Pipar City, District Jodhpur to Jaipur along with her minor female child all alone and defend the case instituted by the respondent husband.

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In the aforesaid facts and circumstances, learned counsel for the petitioner submitted that since the case under the Domestic Violence Act instituted by the petitioner-wife is pending at Pipar City, District Jodhpur and the investigation is going on in the FIR

[2023/RJJD/011611]

[CTA-269/2022]

(3 of 4)

lodged by her at Mahila Police Station, Jodhpur Rural, in the interest of justice, the case filed by the respondent-husband pending before Family Court No.2, Jaipur deserves to be transferred to Family Court No.1, Jodhpur.

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On the contrary, learned counsel appearing for the respondent-husband vehemently opposed the transfer of the case and prayed for rejection of the transfer application.

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It is settled law that while considering transfer of case in matrimonial proceedings instituted by the husband, the convenience of the wife is to be looked into. In this regard, recently, Hon’ble the Supreme Court in the matter of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha , (Civil Appeal No.4894/2022 arising out of SLP (C) No.16465/2021) decided on 18.7.2022, while considering transfer of matrimonial case under Section 24 CPC, has observed as under:-

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“The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”

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Having considered the submissions made on behalf of the parties, looking to the facts and circumstances of the case noticed

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(4 of 4) [CTA-269/2022]

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[2023/RJJD/011611]

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above and the settled position of law by the Hon’ble Supreme Court in the matter of N.C.V. Aishwarya (supra), the transfer application is allowed. It is ordered that the Case No. 810/2022 pending in the Court of Family Court No.2, Jaipur titled as ‘Sunil Joshi Vs. Smt. Lalita Joshi’ be transferred to the Family Court No.1 Jodhpur. The Family Court No.2, Jaipur is directed to send the record of the aforesaid case to the Family Court No.1, Jodhpur immediately. The parties are directed to appear before the Family Court No.1, Jodhpur on 17.5.2023. A copy of this order be sent to the Family Court No.2,Jaipur and Family Court No.1, Jodhpur forthwith.

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(YOGENDRA KUMAR PUROHIT),J

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79-RP/-

Lalita Joshi v. Sunil Joshi

Case brief

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Lalita Joshi v. Sunil Joshi

Case brief

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