Allowed

Manju Kanwar v. Jitendra Singh

Rajasthan HC18 Jul 2024CTA/27/2024

Case brief

AI extract

What is this about?

In a transfer petition arising from a matrimonial dispute under the Hindu Marriage Act, the High Court allowed the transfer of the suit from the Additional District Judge, Desuri, to the Additional District Judge, Bali, District Pali, considering the petitioner's residence and the convenience of the wife as established in Supreme Court precedents.

What did the court decide?

Misc. Case No. 124/2019 pending before the Additional District Judge, Desuri, District Pali was transferred to the court of Additional District Judge, Bali, District Pali.

Manju Kanwar Vs Jitendra Singh — Matrimonial and Divorce | Rajasthan HC (2024)

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[2024:RJ-JD:29289]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 27/2024

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Manju Kanwar W/o Jitendra Singh D.o Champalal, Aged About 38 Years, R/o Nosra Tehsil Ahore District Jalore Currently Residing At Opposite Golden Temple Sanderao Road Falna Tehsil Bali Dist Pali

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----Petitioner

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Versus

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Jitendra Singh S/o Tola Singh, Aged About 41 Years, R/o Pilovni Tehsil Desuri Dist Pali

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----Respondent

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For Petitioner(s) : Mr. Nitesh Mathur For Respondent(s) : Mr. Manish Bhunwal

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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18/07/2024

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The present transfer petition has been filed by the petitioner with the prayer that the Misc. Case No. 124/2019 pending before the Additional District Judge, Desuri, District Pali may be transferred to court of Additional District Judge, Bali, District Pali.

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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 Additional District Judge, Desuri, District Pali . It is submitted that the petitioner is living at Bali 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

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has resorted to legal proceedings and has filed application under Section 12 read with Sections 18,19,20,21, 22 of Domestic Violence Act which was partly allowed and now execution petitions are pending before the court. It is submitted that being a lady living with minor daughter, it is very difficult for her to travel to Desuri from her residential place at Bali, therefore, the Case No. 124/2019 may be transferred to Court of Additional District Judge, Bali, District Pali.

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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 Desuri to Bali, District Pali 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 Additional District Judge, Desuri, District Pali but the petitioner is residing at Bali, District Pali which is around 80 km from Desuri and she has also initiated proceedings against the respondent husband at Bali. 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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(3 of 3)

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 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. 124/2019 pending before Additional District Judge, Desuri, District Pali titled as ‘Jitendra Singh Vs. Smt. Manju Kanwar’ be transferred to the court of Additional District Judge, Bali, District Pali.

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The learned J Additional District Judge, Desuri, District Pali is directed to send the record of the case to the court of Additional District Judge, Bali, District Pali.

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Stay application also stands disposed of.

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(MANOJ KUMAR GARG),J

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178-BJSH/-

Manju Kanwar v. Jitendra Singh

Case brief

What is this about?

What did the court decide?

Manju Kanwar v. Jitendra Singh

Case brief

What is this about?

What did the court decide?

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