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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MADAN GOPAL VYAS, J.
Vinita Soni W/o Samarth Soni – Petitioner
Versus
Samarth S/o Shri Mahesh Soni – Respondent
S.B. Civil Transfer Application No. 61 of 2023
Decided On : 12-09-2023
Code of Civil Procedure, 1908 - Section 24 – Criminal Procedure Code, 1973 - Section 125 - Hindu Marriage Act, 1955 - Section 13A - Transfer petition - Matrimonial proceedings - Transfer petition has been preferred by petitioner for transferring Case by respondent from court of learned Judge, Family Court-II, Bikaner to court of learned Addl. District Judge No. 1, Rajgarh, Churu – Held, In case of Vinisha Jitesh Tolani @ Manmeet Laghmani vs. Jitesh Kishore Tolani, has observed that in matrimonial proceedings initiated by husband against wife convenience of wife has to be considered for contesting suit, and accordingly matrimonial proceedings ought to be transferred where wife is residing - Court deems it appropriate to transfer petition under Section 13A of Hindu Marriage Act from learned Family Court-II, Bikaner to court of learned Addl. District Judge No. 1, Rajgarh, Churu - Petition is allowed.
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.
In matrimonial proceedings initiated by the husband against the wife, the convenience of the wife must be considered for contesting the suit, and the court may transfer the proceedings accordingly.
The court established that in matrimonial disputes, the convenience of the parties and the consolidation of related cases in one jurisdiction are paramount considerations for transferring cases.
The convenience of both parties and the residency of the parties are important factors in determining the transfer of a suit under the Hindu Marriage Act.
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