Allowed

Resham Meena v. Dhanraj Meena

Rajasthan HC12 Jul 2024CTA/171/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a civil transfer petition, directing a Section 9 Hindu Marriage Act under Section 9 case from the Judicial Magistrate in Karauli to be transferred to the Chief Judicial Magistrate in Barmer to ensure the petitioner's convenience and prevent harassment.

What did the court decide?

Transfer of Misc. Case No. 09/2021 from Judicial Magistrate, Sapotra, District Karauli to Chief Judicial Magistrate, Barmer.

Resham Meena Vs Dhanraj Meena — Matrimonial and Divorce | Rajasthan HC (2024)

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[2024:RJ-JD:28536]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 171/2021

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Resham Meena W/o Dhanraj Meena, Aged About 27 Years, Udaniyo Ka Vass, Gudamalani, Barmer

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----Petitioner

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Versus

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Dhanraj Meena S/o Hukum Chand, Sheikhpura, Police Station Sapotara, District Karoli

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----Respondent

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For Petitioner(s)	: Mr.	Surendra Bagmalani
For Respondent(s)	: Mr.	Akalovya A. Bhansali
	Mr.	Ravindra Kumar Acharya

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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12/07/2024

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The present transfer petition has been filed by the petitioner with the prayer that the Misc. Case No. 09/2021 pending before the Judicial Magistrate, Sapotra, District Karauli may be transferred to court of Chief Judicial Magistrate, Barmer.

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Counsel for the petitioner argued that the respondent has filed a petition against the petitioner under Section 09 of the Hindu Marriage Act before the Judicial Magistrate, Sapotra, District Karauli. It is submitted that the petitioner is living at Barmer and the respondent has filed the said case only with a view to harass the petitioner. It is submitted that after few years of marriage, the petitioner was ousted from her matrimonial home and continuously harassed for extraneous reasons. The petitioner has resorted to legal proceedings and has lodged FIR being FIR No. 13 at Police Station Gudamalani, District Barmer. It is submitted that

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being a lady living with old aged parents, it is very difficult for her to travel to Karauli from her residential place at Barmer, therefore, the Case No. 09/2021 may be transferred to Court of Chief Judicial Magistrate, Barmer.

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Per contra, counsel for the respondent opposed the prayer made by the petitioner and submits that the petitioner has left the matrimonial home without any reason on her own. It is argued that no case is made out for transfer of the case from Karauli to Barmer and the petition is liable to be rejected.

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I have heard counsel for the parties and perused the documents on record.

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The respondent has filed an application under Section 9 of Hindu Marriage Act against the petitioner before the Judicial Magistrate, Sapotra, District Karoli but the petitioner is residing at Barmer and also initiated criminal proceedings against the respondent husband at Barmer. Hon’ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani Vs. Jitesh Kishore Tolani reported in 2010 (1) WLC (SC) 705 has observed that in the matrimonial proceeding instituted by the husband against the wife, the convenience of the wife has to be considered in contesting the suit and accordingly, the matrimonial proceedings ought to be transferred where the wife was residing.

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Hon’ble Apex Court in the case of Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap reported in AIR 2016 SC 3584 while allowing the appeal filed by wife, directed the case to be transferred from Mumbai to Barshi which is 400 km away from Mumbai. Recently, the co-ordinate Bench of this Court in the case of Ekta Dhadhich vs. Rajendra Prasad Sharma (S.B. Civil Transfer

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application NO. 72/2021) decided on 30.09.2021 directed the case to be transferred from Ajmer to Family Court at Kota.

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Looking to the facts and circumstances of the case and the reasons mentioned in the transfer petition, this petition is allowed. It is ordered that the Misc. Case No. 09/2021 pending before Judicial Magistrate, Sapotra, District Karauli titled as ‘Dhanraj Vs. Smt. Resham’ be transferred to the court of Chief Judicial Magistrate, Barmer.

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The learned Judicial Magistrate, Sapotra, District Karauli is directed to send the record of the case to the court of Chief Judicial Magistrate, Barmer.

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Stay application also stands disposed of.

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(MANOJ KUMAR GARG),J

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143-BJSH/-

Resham Meena v. Dhanraj Meena

Case brief

What is this about?

What did the court decide?

Resham Meena v. Dhanraj Meena

Case brief

What is this about?

What did the court decide?

What the court decided

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