Allowed

Priyanka v. Ravi Kumar

Rajasthan HC4 Sept 2023CTA/79/2023

Case brief

AI extract

What is this about?

This transfer petition was filed by the wife to shift her husband's divorce petition from Bikaner to Sri Ganganagar where she resides. The High Court accepted that convenience considerations justify relocation. The petition was allowed, and the case was transferred from Jodhpur/Bikaner to Sri Ganganagar with directions to the courts.

What did the court decide?

Transfer of Civil Case No.182/2023 from Family Court No.1, Jodhpur to Family Court, Sri Ganganagar; record directed to be sent; parties directed to appear on 18.9.2023.

Priyanka Vs Ravi Kumar — Matrimonial and Divorce | Rajasthan HC (2023)

¶1

[2023:RJ-JD:27938]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Transfer Appl. No. 79/2023

¶4

Priyanka W/o Shri Ravi Kumar, Aged About 30 Years, D/o Shri Sant Kumar Kulchaniya, Resident Of Vpo Birmana, Tehsil Suratgarh, District Sri Ganganagar, At Present Resident Of Of Kedar Colony, Suratgarh By Pass, In Front Of Vikramaditya Hotel, Sri Ganganagar (Rajasthan)

¶5

----Petitioner

¶6

Versus

¶7

Ravi Kumar S/o Shri Puran Chand Mahar, Aged About 33 Years, Resident Of 4-E-314, Jnv Colony, Bikaner (Rajasthan)

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Navneet Poonia For Respondent(s) : Mr. Himmat Jagga

¶10

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶11

Judgment

¶12

04/09/2023

¶13

The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 182/2023 (Ravi Kumar Vs. Priyanka) preferred by the respondent herein under Section 13A of the Hindu Marriage Act 1955, from the Family Court No.1, Bikaner to the Family Court, Sri Ganganagar.

¶14

Learned counsel for the petitioner submits that the application under Section 12 of Domestic Violence Act preferred by the petitioner is pending before the learned Addl. Chief Judicial Magistrate, Sri Ganganagar. Thus it is prayed that application under Section 13A of Hindu Marriage Act may also be transferred from Family Court No.1, Bikaner to the Family Court, Sri Ganganagar.

[2023:RJ-JD:27938]

[CTA-79/2023]

(2 of 3)

Learned counsel appearing for respondent does not dispute the prayer made by the learned counsel for the petitioner. Learned counsel for the respondent further submits that he has filed an application (IA No.1/2023) seeking directions to withdraw the petition under Section 13A of the Hindu Marriage Act.

¶19

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.

¶20

Having regard to the facts and circumstances of the case, this Court deems it appropriate to transfer the petition under Section 13A of the Hindu Marriage Act from the Family Court No.1, Bikaner to the Family Court, Sri Ganganagar.

¶21

The transfer petition is allowed accordingly.

¶22

It is ordered that the Civil case No.182/2023 (Ravi Kumar Vs. Priyanka) under Section 13A of the Hindu Marriage Act 1955, pending before the Family Court No.1, Jodhpur be transferred to the Family Court, Sri Ganganagar.

¶23

The learned Family Court No.1, Bikaner is directed to send the record of the case to Family Court, Sri Ganganagar.

¶24

Both the parties are directed to appear before Family Court, Sri Ganganagar on 18.9.2023 and in case, the respondent files and application for withdrawal of the application under Section

¶25

(3 of 3) [CTA-79/2023]

¶26

[2023:RJ-JD:27938]

¶27

13A of the Hindu Marriage Act, the learned Family Court, Sri Ganganagar may decide the same in accordance with law. 10. All the interlocutory applications as well as the stay application also stand disposed of accordingly.

¶28

(MADAN GOPAL VYAS),J

¶29

119-CPGoyal/-

Priyanka v. Ravi Kumar

Case brief

What is this about?

What did the court decide?

Priyanka v. Ravi Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The New India Assurance Co. Ltd. Vs Bhanwar Kanwar

Smt. Kamla Vs Sardarmal

Sabal Singh Vs State of Rajasthan

Nemichand Vs Pratush Sharma

Himmat Mal Vs Bhanwar Lal and Ors.

United India Insurance Co. Ltd. Vs Smt. Chandro Devi and Ors.