Partly allowed

Nazmin Bano v. Tofiq Ali

Rajasthan HC12 Sept 2023CTA/33/2023

Case brief

AI extract

What is this about?

This single judge order allowed a transfer petition filed under Section 24 of CPC. The court transferred a suit for restitution of conjugal rights and permanent injunction from Civil Judge, Churu to Family Court No.1, Jaipur Metropolitan, citing the petitioner-wife's residence and convenience.

What did the court decide?

Transfer of Case No. 23/2021 from Civil Judge, Churu to Family Court No.1, Jaipur Metropolitan; record to be sent; parties to appear on 09.10.2023; trial to be expedited.

Nazmin Bano Vs Tofiq Ali — Matrimonial and Divorce | Rajasthan HC (2023)

¶1

[2023:RJ-JD:29296]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 33/2023

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Nazmin Bano W/o Tofifq Ali, Aged About 24 Years, D/o Shri Gani Mohammad, Resident Of Jagajjathpuri Boring Marg, Jhotwara, Jaipur (Raj.)- 302012.

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----Petitioner

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Versus

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Tofiq Ali S/o Shri Yusuf Khan, Aged About 26 Years, D/o Kayamkhani, Resident Of Village Ganghu, Tehsil And District Churu (Rajasthan)

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----Respondent

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For Petitioner(s) : Talat Bari For Respondent(s) : None present

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment

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12/09/2023

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The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 23/2021 preferred by the respondent herein for restitution of conjugal rights and permanent injunction from the Civil Judge, Churu to Family Court No.1, Jaipur Metropolitan, Jaipur

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Learned counsel for the petitioner submits that the petitioner has already initiated proceedings against the respondent at Jaipur. Thus it is prayed that application for restitution of conjugal rights and permanent injunction may also be transferred to Family Court No.1, Jaipur Metropolitan, Jaipur.

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Despite service nobody appeared on behalf of the respondent.

(2 of 2)

[2023:RJ-JD:29296]

[CTA-33/2023]

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 from Civil Judge, Churu to the Family Court No.1, Jaipur Metropolitan, Jaipur

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The transfer petition is allowed accordingly.

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It is ordered that the Civil case No 23/2021, pending before the Civil Judge, Churu be transferred to the Family Court No.1, Jaipur Metropolitan, Jaipur.

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The learned Civil Judge, Churu is directed to send the record of the case to Family Court No.1, Jaipur Metropolitan, Jaipur.

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Both the parties are directed to appear before Family Court No.1, Jaipur Metropolitan, Jaipur on 9.10.2023

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Learned Family Court No.1, Jaipur Metropolitan, Jaipur is directed to expedite the trial of the case.

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(MADAN GOPAL VYAS),J

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127-CPGoyal/-

Nazmin Bano v. Tofiq Ali

Case brief

What is this about?

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Nazmin Bano v. Tofiq Ali

Case brief

What is this about?

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