Dismissed

Shubhi Sharma W/O Shri Rahul Sharma D/O Shri Pradeep Sharma v. Rahul Sharma S/O Shri Ramgopal Sharma

Rajasthan HC24 Jan 2023CTA/91/2021

Case brief

AI extract

What is this about?

The High Court dismissed the wife's application to transfer her matrimonial case from Jaipur to Kota. The court noted she resides and works in Bangalore and uses the transfer to delay proceedings, citing her financial independence and lack of local connection in Kota.

What did the court decide?

Application for transfer of Case No. 18/2021 dismissed; stay applications disposed of.

Shubhi Sharma W/O Shri Rahul Sharma D/O Shri… — Matrimonial and Divorce | Rajasthan HC (2023)

¶1

[2023/RJJP/000283]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Transfer Application No. 91/2021

¶4

Shubhi Sharma W/o Shri Rahul Sharma D/o Shri Pradeep Sharma, Aged About 31 Years, Resident Of A-69, Third Floor, Surya Nagar, Taro Ke Koot, Police Station Sanganer, Jaipur City Jaipur Raj At Present Of House No. 37, Laxman Vihar First, Kunhadi, Police Station Kunhadi, Kota City Kota.

¶5

----Petitioner

¶6

Versus

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Rahul Sharma S/o Shri Ramgopal Sharma, Resident Of A-69, Third Floor, Surya Nagar, Taro Ke Koot, Police Station Sanganer, Jaipur City Jaipur Raj.

¶8

----Respondent

¶9

For Petitioner(s)	: Mr. Sudarshan Kumar Laddha with Mr.
	Dhananjay Sharma, Adv.
For Respondent(s)	: Mr. Amitabh Vijayvargia, Adv.

¶10

HON'BLE MR. JUSTICE SAMEER JAIN

¶11

Order

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24/01/2023

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The applicant-wife has filed the present application for transfer of Case No. 18/2021 titled as Rahul Sharma vs. Smt. Shubhi Sharma from Family Court No. 2, Jaipur Metropolitan to Family Court No. 01, Kota.

¶14

It is submitted by learned counsel for the applicant that multiple proceedings, arising out of the matrimonial relationship, are pending adjudication in Kota, including case(s) under Section 12 of the Prevention of Women from Domestic Violence Act and under Section 498-A of IPC. Therefore, in light of the same, Case No. 18/2021, filed by the non-applicant-husband should be transferred to Kota.

(2 of 3)

[2023/RJJP/000283]

[CTA-91/2021]

Per contra, learned counsel for the respondent has submitted that the applicant is a working woman. Moreover, since the solemnization of their marriage, she has been working in Bangalore. Furthermore, the notice(s) under Section 13 of Hindu Marriage Act were also served in Bangalore. In this regard, it was submitted that she has no connection whatsoever in Kota, apart from the fact that the marriage of the parties was solemnized therein and that the applicants parents reside in Kota. Hence, in light of the submissions made herein-above, it was submitted that the applicant-wife has filed the present transfer application just in order to delay the proceedings pending adjudication in Jaipur.

¶19

It is also pertinent to note that the fact of having a minor child was a typographical mistake, on part of the learned counsel for the applicant, which is narrated in para 6 of the body of the application. 5. Considering the arguments advanced by both the sides and considering the fact that the applicant-wife is a financially independent woman, who is presently residing and working in Bangalore; that she is only remotely connected with Kota; that the proceedings under Section 13 of the Hindu Marriage Act are under trial in Jaipur wherein notices have been duly served and the applicant has also participated in the said proceedings and relying upon the judgment of this Court in S.B. Civil Transfer Application No. 45/2019 titled as Smt. Reena Vijay vs. Ashish Vijayvargiya , this court is not inclined to entertain the present transfer application.

(3 of 3)

[2023/RJJP/000283]

[CTA-91/2021]

It is expected that the learned Family Court No.2, Jaipur shall dispose of the matter as expeditiously as possible; preferably within the prescribed time period as stipulated in the Act.

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The present application is accordingly dismissed. Stay application and other pending applications, if any, stand disposed of.

¶25

(SAMEER JAIN),J

¶26

ANIL SHARMA /5

Shubhi Sharma W/O Shri Rahul Sharma D/O Shri Pradeep Sharma v. Rahul Sharma S/O Shri Ramgopal Sharma

Case brief

What is this about?

What did the court decide?

Shubhi Sharma W/O Shri Rahul Sharma D/O Shri Pradeep Sharma v. Rahul Sharma S/O Shri Ramgopal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Parties & counsel

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