Allowed

Smt. Rajal Ashiya v. Sachin Lakhawat

Rajasthan HC28 Nov 2023CTA/72/2023

Case brief

AI extract

What is this about?

The Court allowed the transfer petition to move a divorce case from Family Court No.3, Jodhpur to Family Court No.1, Udaipur, citing the wife's residence and convenience.

What did the court decide?

Case No.680/2022 under Section 13(1)(ia) of the Hindu Marriage Act transferred to Family Court No.1, Udaipur.

What the court decided

Smt. Rajal Ashiya Vs Sachin Lakhawat — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JD:40992]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 72/2023

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Smt. Rajal Ashiya W/o Sachin Lakhawat, Aged About 24 Years, D/o Shri Arvind Singh, By Caste Charan, Resident Of Jodhpur (Raj.), Presently Residing At D-14 Girwa District Udaipur.

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----Petitioner

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Versus

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Sachin Lakhawat S/o Shri Mahipal Singh Lakhawat, Aged About 28 Years, Plot No 46 Dilip Nagar Lalsagar Jodhpur

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----Respondents

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For Petitioner(s) : Mr. Vijay Purohit For Respondent(s) : Mr. Bharat Singh

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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28/11/2023

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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.680/2022 (Sachin Lakhawat Vs. Smt. Rajal Ashiya) preferred by the respondent-husband herein under Section 13 (1)(ia) of the Hindu Marriage Act, 1955, from Family Court No.3, Jodhpur Metropolitan to Family Court No.1, Udaipur.

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Learned counsel for the petitioner submits that the petitioner is 24 years old girl and looking to her young age it is very difficult for her to travel alone to Jodhpur from Udaipur which is more than 280 kms on each date of hearing. Thus, it is prayed that application under Section 13 (1)(ia) of the Hindu Marriage Act

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may be transferred from Family Court No.3, Jodhpur Metropolitan to Family Court No.1, Udaipur.

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Learned counsel for the respondent does not oppose the transfer petition.

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I have heard learned counsel for the parties and perused the material available on record.

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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 under Section 13 (i)(ia) of the Hindu Marriage Act from Family Court No.3, Jodhpur Metropolitan to Family Court No.1, Udaipur.

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The transfer petition is allowed accordingly.

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It is ordered that the Case No.680/2022 under Section 13 (1)(ia) of the Hindu Marriage Act 1955, pending before learned Family Court No.3, Jodhpur Metropolitan be transferred to learned Family Court No.1, Udaipur.

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