Allowed

Lovepreet Kaur v. Amandeep Singh

Rajasthan HC19 Jul 2024CTA/36/2023

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's Hindu Marriage Act divorce case from Anoopgarh to Sriganganagar where she resides. Citing precedents on considering the wife's convenience in matrimonial proceedings, the court allowed the transfer petition.

What did the court decide?

Misc. Case No. 03/2023 ordered transferred from Additional District Judge, Anoopgarh to Family Court No.1, Sriganganagar; record directed to be sent.

Lovepreet Kaur Vs Amandeep Singh — Matrimonial and Divorce | Rajasthan HC (2024)

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[2024:RJ-JD:29540]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 36/2023

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Lovepreet Kaur W/o Shri Amandeep Singh, Aged About 29 Years, D/o Shri Kulwant Singh, Resident Of Ward No. 19, Tulsi Colony, Begara, Barg, Near Poloytechnic College, Sri Ganganagar.

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----Petitioner

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Versus

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Amandeep Singh S/o Shri Jawant Singh, Ward No. 4, Prem Nagar, Tehsil Anoopgarh, District Sri Ganganagar.

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----Respondent

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For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. Trilok Joshi

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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19/07/2024

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The present transfer petition has been filed by the petitioner with the prayer that the Misc. Case No. 03/2023 pending before the Additional District Judge, Anoopgarh, District Sriganganagar may be transferred to Family court, Sriganganagar. 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 Additional District Judge, Anoopgarh, District Sriganganagar. It is submitted that the petitioner is living at Sriganganagar 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 has resorted to legal proceedings has filed FIR against the respondent so also

[2024:RJ-JD:29540]

[CTA-36/2023]

(2 of 3)

filed application under Section 125 Cr.P.C. which is pending before Family Court No.1, Sriganganagar. It is submitetd that petitioner being lady, it is very difficult for her to travel to Anoopgarh from her present residential place at Sriganganagar, therefore, the Case No. 03/2023 may be transferred to Court of Family Court, Sriganganagar.

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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 Anoopgarh to Sriganganagar 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 13 of Hindu Marriage Act against the petitioner before the Additional District Judge, Anoopgarh, District Sriganganagar but the petitioner is residing at Sriganganagar and she has filed legal proceedings against the respondent at Sriganganagar. 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

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[2024:RJ-JD:29540]

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[CTA-36/2023]

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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. 03/2023 pending before Additional District Judge, Anoopgarh, District Sriganganagar titled as ‘Amandeep Singh Vs. Smt. Lovepreet Kaur’ be transferred to the Family court No.1, Sriganganagar.

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The learned Additional District Judge, Anoopgarh, District Sriganganagar is directed to send the record of the case to the Family court No.1, Sriganganagar.

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Stay application also stands disposed of.

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(MANOJ KUMAR GARG),J

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131-BJSH/-

Lovepreet Kaur v. Amandeep Singh

Case brief

What is this about?

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Lovepreet Kaur v. Amandeep Singh

Case brief

What is this about?

What did the court decide?

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