The High Court allowed a transfer petition filed by a handicapped petitioner residing in Jodhpur to transfer divorce proceedings from Jaipur to Jodhpur, relying on Supreme Court precedents emphasizing the wife's convenience in matrimonial suits.
Misc. Case No. 1699/2022 transferred from Family Court No.1, Jaipur Metropolitan to Family Court No.1, Jodhpur.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 30/2023
Santosh D/o Sh. Jhunta Ram, Aged About 31 Years, W/o Sh. Jagdish Prasad Choudhary, Resident Of Mundli, Ranjeet Pura Tehsil Kishangarh Rainwal, Distt. Jaipur At Present House No. 8G 111, Near Gokul Dham, Kuri Housing Board, Jodhpur.
----Petitioner
Versus
Jagdish Prasad Choudhary S/o Sh. Chittarmal Choudhary, B/c Jat, Resident Of Plot No. 61, Sri Ram Nagar-B, Khirni Fatak Road, Jhotwara Jaipur.
----Respondent
| For Petitioner(s) | : Mr. Vikas K Bishnoi |
|---|---|
| For Respondent(s) | : Mr. N.K. Gurjar |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
18/07/2024
The present transfer petition has been filed by the petitioner with the prayer that the Misc. Case No. 1699/2022 pending before the Family Court No.1, Jaipur Metropolitan may be transferred to Family court, Jodhpur. Counsel for the petitioner argued that the respondent has filed a petition against the petitioner under Section 13 of the Hindu Marriage Act before the Family Court No.1, Jaipur Metropolitan. It is submitted that the petitioner is working and now living at Jodhpur and the respondent has filed the said case only with a view to harass the petitioner. It is submitted after few years of marriage, the petitioner was ousted from her matrimonial home and continuously harassed for extraneous reasons. It is submitted that petitioner is handicapped with 84% permanent
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disability, therefore, it is very difficult for her to travel to Jaipur from her present residential place at Jodhpur, therefore, the Case No. 1699/2022 may be transferred to Court of Family Court, Jodhpur.
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 Jaipur to Jodhpur and the petition is liable to be rejected.
I have heard counsel for the parties and perused the documents on record.
The respondent has filed an application under Section 13 of Hindu Marriage Act against the petitioner before the Family Court No.1, Jaipur Metropolitan but the petitioner is residing at Jodhpur which is around 350 km from Jaipur, moreover, she is handicapped with 84% disability. 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.
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.
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. 1699/2022 pending before Family Court No.1, Jaipur Metropolitan titled as ‘Jagdish Prasad Choudhary Vs. Smt. Santosh Takar’ be transferred to the Family court No.1, Jodhpur.
The learned Judge, Family Court No.1, Jaipur Metropolitan is directed to send the record of the case to the Family court No.1, Jodhpur.
Stay application also stands disposed of.
(MANOJ KUMAR GARG),J
168-BJSH/-
1 issue framed by the court
Whether the matrimonial proceeding filed under Section 13 of the Hindu Marriage Act should be transferred from Family Court, Jaipur to Family Court, Jodhpur for the convenience of the petitioner?
Colour shows how this judgement treated each authority
Vinisha Jitesh Tolani @ Manmeet Laghmani v. Jitesh Kishore TolaniRelied on¶19
Vinisha Jitesh Tolani @ Manmeet Laghmani Vs. Jitesh Kishore Tolani reported in 2010 (1) WLC (SC) 705
Vaishali Shridhar Jagtap v. Shridhar Vishwanath JagtapRelied on¶20
Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap reported in AIR 2016 SC 3584 · Who else cites this
Ekta Dhadhich v. Rajendra Prasad SharmaReferred¶23
Ekta Dhadhich vs. Rajendra Prasad Sharma (S.B. Civil Transfer application NO. 72/2021) decided on 30.09.2021
1 provisions across 1 enactments
Santosh
Jagdish Prasad Choudhary
Manoj Kumar Garg
As recorded by the court registry
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