Allowed

Bhavika v. Hitesh Kumar

Rajasthan HC18 Jul 2024CTA/42/2023

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition seeking to move a matrimonial miscellaneous case from the Family Court, Jalore, to the Additional District Judge, Bali. The court held that the petitioner, a wife residing in Bali, should litigate where she lives, citing Supreme Court precedents on spouse convenience.

What did the court decide?

Misc. Case No. 152/2022 pending before Family Court, Jalore transferred to the court of Additional District Judge, Bali, District Pali.

Bhavika Vs Hitesh Kumar — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:29297]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 42/2023

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Bhavika W/o Shri Hitesh Kumar, Aged About 30 Years, Adopted Daughter Of Shri Narpat Lal Trivedi (Natural Father Shri Raj Kishore Ojha), Resident Of Subhash Road, Kumharo Ka Jav, Falna, Tehsil Bali District Pali (Rajasthan)

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----Petitioner

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Versus

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Hitesh Kumar S/o Shri Jai Narayan, Resident Of Valdara, Tehsil Ahore, District Jalore. (Rajasthan)

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----Respondent

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For Petitioner(s)	: Mr. Bharat Shrimali
For Respondent(s)	: Mr. Amit Mehta

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG 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. 152/2022 pending before the Family Court, Jalore 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 13 of the Hindu Marriage Act before the Family court, Jalore. 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 has resorted to legal proceedings and has filed FIR so also application under Section 12

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read with Sections 18,19,20,21, 22 of Domestic Violence Act before the competent court at Bali. It is submitted that being a lady living with old aged parents, it is very difficult for her to travel to Jalore from her residential place at Bali, therefore, the Case No. 152/2022 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 Jalore 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 13 of Hindu Marriage Act against the petitioner before the Family court, Jalore but the petitioner is residing at Bali, District Pali which is around 80 km from Jalore 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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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

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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. 152/2022 pending before Family court, Jalore titled as ‘Hitesh Kumar Vs. Smt. Bhavika’ be transferred to the court of Additional District Judge, Bali, District Pali.

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The learned Judge, Family Court, Jalore 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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169-BJSH/-

Bhavika v. Hitesh Kumar

Case brief

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Bhavika v. Hitesh Kumar

Case brief

What is this about?

What did the court decide?

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