Allowed

Rukhsar D/O Mohammad Aslam W/O Sameer Khan, v. Sameer Khan S/O Yaseen Khan

Rajasthan HC1 May 2023CTA/43/2022

Case brief

AI extract

What is this about?

Single judge order granting transfer of case No. 187/2021 from Family Court No. 1 Jaipur Metro to Family Court Kota under Section 24 CPC. Transfer allowed considering petitioner resides in Kota, is sole caregiver of minor daughter, unemployed, lacks family support in Jaipur, despite 250km distance.

What did the court decide?

Case No. 187/2021 transferred from Family Court No. 1 Jaipur Metro to Family Court Kota. Parties directed to appear before transferee court.

Rukhsar D/O Mohammad Aslam W/O Sameer Khan… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023/RJJP/008766]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 43/2022

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Rukhsar D/o Mohammad Aslam W/o Sameer Khan, Aged About 32 Years, R/o 1636 K, Masjid Mala Road, Shivpura, Near Pump House, Kota, Raj.

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----Petitioner

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Versus

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Sameer Khan S/o Yaseen Khan, Aged About 33 Years, R/o H.no. 75, Madarse Wali Gali, Pani Ki Tanki, Gulabi Nagar, Sirsi Road, Bhankrota, Jaipur (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Sajid Ali, Adv. For Respondent(s) : Ms. Komal Harlalka for Mr. Manoj Sheoran, Adv.

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HON'BLE MR. JUSTICE SAMEER JAIN Order

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01/05/2023

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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. 187/2021 titled as Sameer Khan vs. Rukhsar, filed by the non-applicant-husband from Family Court No. 1, Jaipur Metro to the Family Court, Kota.

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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 Kota and is also solely responsible for the care and custody of her minor daughter; that the applicant is an unemployed lady, with no source of livelihood and dependent upon her parents; that distance between Jaipur and Kota is

[2023/RJJP/008766]

[CTA-43/2022]

(2 of 2)

approximately 250 Kilometers; that the applicant does not have any infrastructural support, in terms of family members, who can accompany her to court proceedings pending in Jaipur Metro; relying upon the dictum of the Apex Court judgment(s) 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. The Case No. 187/2021 be transferred from Family Court No. 1, Jaipur Metro to the Family Court, Kota.

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Both parties are directed to appear before the transferee Court on 29.05.2023. 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 Family Court would be at liberty to proceed in accordance with law.

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It is expected that the learned transferee court shall dispose of the matter(s) as expeditiously as possible. 7. 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, Jaipur Metro, forthwith, for necessary compliance.

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(SAMEER JAIN),J

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ANIL SHARMA /4

Rukhsar D/O Mohammad Aslam W/O Sameer Khan, v. Sameer Khan S/O Yaseen Khan

Case brief

What is this about?

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Rukhsar D/O Mohammad Aslam W/O Sameer Khan, v. Sameer Khan S/O Yaseen Khan

Case brief

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