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Rajasthan High Court · body

2023 DIGILAW 1758 (RAJ)

Krishna Joshi W/o Shri Mahendra Saraswat v. Mahendra Saraswat S/o Shri Prahlad Rai Saraswat

2023-09-14

MADAN GOPAL VYAS

body2023
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. 206/2023 preferred by the respondent herein under Section 13 of the Hindu Marriage Act 1955, from the Family Court No. 1, Bhilwara to the court of learned Addl. District Judge, Parbatsar, District Nagaur. 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 Addl. Chief Judicial Magistrate, Parbatsar, District Nagaur. Thus it is prayed that application under Section 13 of Hindu Marriage Act may also be transferred to the court of learned Addl. District Judge, Parbatsar, District Nagaur. 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 13 of the Hindu Marriage Act from Family Court No. 1, Bhilwara to the court of learned Addl. District Judge, Parbatsar, District Nagaur 6. The transfer petition is allowed accordingly. 7. It is ordered that the Civil Case No. 206/2023 under Section 13 of the Hindu Marriage Act 1955, pending before the Family Court No. 1, Bhilwara be transferred to the court of learned Addl. District Judge, Parbatsar, District Nagaur. 8. The learned Family Court No. 1, Bhilwara is directed to send the record of the case to the court of learned Addl. District Judge, Parbatsar, District Nagaur 9. Both the parties are directed to appear before the court of learned Addl. District Judge, Parbatsar, District Nagaur on 3.10.2023. 10. Learned Addl. District Judge, Parbatsar, District Nagaur is directed to expedite the trial of the case.