Allowed

Vinita v. Rajendra Kumar Soni

Rajasthan HC22 Aug 2023CTA/87/2021

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition to move a Section 9 Hindu Marriage Act case from Family Court Phalodi to Family Court No. 1 Jodhpur, considering the petitioner's residence and citing Supreme Court guidance on wife's convenience.

What did the court decide?

The impugned Civil case No. 18/2020 filed under Section 9 of the Hindu Marriage Act 1955 by the respondent-husband pending before Family Court Phalodi be transferred to Family Court No. 1, Jodhpur; re

Vinita Vs Rajendra Kumar Soni — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JD:26588]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 87/2021

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Vinita W/o Rajendra Kumar D/o Narayanram, Aged About 24 Years, Through Omprakash House No.01, Inside Merti Gate, Udai Mandir, Jodhpur

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----Petitioner

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Versus

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Rajendra Kumar Soni S/o Hemraj Soni, Aged About 32 Years, Jawhar Pyau Phalodi, District Jodhpur

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----Respondent

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For Petitioner(s) : Ms. Laxmi Bohra For Respondent(s) : Mr. CP Soni

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Judgment

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22/08/2023

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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. 18/2020 (Rajendra Vs. Vinita) preferred by the respondent herein under Section 9 of the Hindu Marriage Act 1955, from the Family Court, Phalodi to the Family Court No.1, Jodhpur.

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Learned counsel for the petitioner submits that the petitioner is residing with her parents at Jodhpur and has already filed an applications under Section 125 of Cr.P.C. seeking maintenance and under Section 25 of the Guardianship and Wards Act for custody of children in Family Court at Jodhpur. It is further submitted that the application under Section 9 of Hindu Marriage Act has been preferred by the respondent at Phalodi only in order to harass the petitioner. Thus, it is prayed that application under Section 9 of

[2023:RJ-JD:26588]

[CTA-87/2021]

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Hindu Marriage Act may also be transferred from Family Court, Phalodi to the Family Court No.1, Jodhpur.

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Learned counsel appearing for respondent opposed the prayer made by learned counsel for the petitioner and submits that the petitioner is residing at Osiyan and the distance from Osiyan to Phalodi is merely 45 kms. Therefore, it is submitted that the present transfer petition may be rejected. 4. 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 9 of the Hindu Marriage Act from the Family Court, Phalodi to the Family Court No.1, Jodhpur.

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The transfer petition is allowed accordingly.

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It is ordered that the Civil case No.18/2020 (Rajendra Vs. Vinita) filed under Section 9 of the Hindu Marriage Act 1955 by the respondent-husband and pending before the Family Court, Phalodi be transferred to the Family Court No.1, Jodhpur.

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The learned Family Court, Phalodi is directed to send the record of the case to Family Court No.1, Jodhpur.

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Both the parties are directed to appear before Family Court No.1, Jodhpur on 17.09.2023.

[2023:RJ-JD:26588]

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Learned Family Court No.1, Jodhpur is directed to expedite

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the trial of the case.

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(MADAN GOPAL VYAS),J

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86-CPGoyal/-

Vinita v. Rajendra Kumar Soni

Case brief

What is this about?

What did the court decide?

Vinita v. Rajendra Kumar Soni

Case brief

What is this about?

What did the court decide?

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