This order allows a transfer petition to move a husband's divorce suit from Family Court, Churu to Family Court, Bikaner. The court cited the convenience of the wife-resident and Supreme Court precedent to facilitate her appearance in the trial.
Transfer of Case No.131/2021 from Family Court, Churu to Family Court, Bikaner and direction to expedite the trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:37125]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 50/2022
Sangeeta Kumari W/o Omkarmal Meghwal, Aged About 30 Years, Khasoli Tehsil And District Churu Presently Residing At Gali No. 6 Rampura Basti, Lilgarh, Bikaner
----Petitioner
Versus
Omkarmal Meghwal S/o Laxman Ram Meghwal, Aged About 30 Years, Village Khasoli Tehsil And District Churu
----Respondent
For Petitioner(s) : Mr. Kunal Kalla Mr. Balveer Singh Rathore For Respondent(s) : None present
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
01/11/2023
Despite service, no one is present on behalf of respondent.
[2023:RJ-JD:37125]
[CTA-50/2022]
(2 of 3)
against the respondent-husband and other members of his family, in which the respondent has been enlarged on bail and trial is going on at Bikaner. Thus, it is prayed that application under Section 13 of the Hindu Marriage Act may be transferred from Family Court, Churu to the Family Court, Bikaner.
(3 of 3)
[2023:RJ-JD:37125]
[CTA-50/2022]
(MADAN GOPAL VYAS),J
101-Bharti/-
1 issue framed by the court
Whether the matrimonial proceedings under Section 13 of the Hindu Marriage Act should be transferred from Family Court, Churu to Family Court, Bikaner due to the petitioner-resident's convenience.
Colour shows how this judgement treated each authority
Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore TolaniReferred¶21
Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore Tolani 2010(1) WLC (SC) 705
2 provisions across 2 enactments
Sangeeta Kumari W/o Omkarmal Meghwal
Omkarmal Meghwal
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
