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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MADAN GOPAL VYAS, J.
Krishna Joshi W/o Shri Mahendra Saraswat – Petitioner
Versus
Mahendra Saraswat S/o Shri Prahlad Rai Saraswat – Respondent
S.B. Civil Transfer Application No. 131 of 2023
Decided On : 14-09-2023
Criminal Procedure Code, 1973 – Section 125 – Civil Procedure Code, 1908 – Section 24 – Hindu Marriage Act 1955 – Section 13 – Order for maintenance of wives – Hindu Marriage – Held, Hon’ble Supreme Court in case, 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 the petition under Section 13 of Hindu Marriage Act from Family Court No. 1, to court of learned Addl. District Judge, District – Petition 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. 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.
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 main legal point established in the judgment is the importance of considering the residence of the wife in determining jurisdiction in matrimonial cases, as provided in Section 19 of the Hindu Ma....
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.
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