Vinita Soni W/o Samarth Soni v. Samarth S/o Shri Mahesh Soni
2023-09-12
MADAN GOPAL VYAS
body2023
DigiLaw.ai
JUDGMENT : MADAN GOPAL VYAS, J. 1. The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the Case No. 192/2022 preferred by the respondent herein under Section 13A of the Hindu Marriage Act 1955, from the court of learned Judge, Family Court-II, Bikaner to the court of learned Addl. District Judge No. 1, Rajgarh, Churu. 2. Learned counsel for the petitioner submits that the application under Section 125 of Cr.P.C. preferred by the petitioner is pending before the court of learned Judicial Magistrate, Taranagar, District Churu. Thus it is prayed that application under Section 13A of Hindu Marriage Act may also be transferred to the court of learned Addl. District Judge No. 1, Rajgarh, Churu. 3. Despite service nobody appeared on behalf of the respondent. 4. The Hon’ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani vs. Jitesh Kishore Tolani, 2010 (1) WLC (SC) 705 has observed that in the matrimonial proceedings initiated by the husband against the wife the convenience of the wife has to be considered for contesting the suit, and accordingly the matrimonial proceedings ought to be transferred where the wife is residing. 5. Having regard to the facts and circumstances of the case, this Court deems it appropriate to transfer the petition under Section 13A of the Hindu Marriage Act from learned Family Court-II, Bikaner to the court of learned Addl. District Judge No. 1, Rajgarh, Churu. 6. The transfer petition is allowed accordingly. 7. It is ordered that the Civil Case No. 192/2022 under Section 13A of the Hindu Marriage Act 1955, pending before the Family Court No. II, Bikaner be transferred to the the court of learned Addl. District Judge No. 1, Rajgarh, Churu. 8. The learned Family Court No. II, Bikaner is directed to send the record of the case to learned Addl. District Judge No. 1, Rajgarh, Churu. 9. Both the parties are directed to appear before learned Addl. District Judge No. 1, Rajgarh, Churu on 16.10.2023. 10. Learned Addl. District Judge No. 1, Rajgarh, Churu is directed to expedite the trial of the case.