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.

JUDGMENT :

The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 87/2020 preferred by the respondent herein under Section 13-A of the Hindu Marriage Act 1955, from Court of the Addl. District & Sessions Judge No.1, Nimbaheda, District Chittorgarh to the Family Court No.1, Jaipur Metropolitan, Jaipur.

2. Learned counsel for the petitioner submits that the petitioner has already initiated proceedings against the respondent at Jaipur. Thus it is prayed that application under Section 13-A of Hindu Marriage Act may also be transferred to Family Court No.1, Jaipur Metropolitan, Jaipur. Learned counsel for the petitioner has also relied upon the order dated 28.8.2019 passed by the coordinate Bench of this Court in SB Civil Transfer Application No.112/2015 (Smt. Gayatri Devi Vs. Raghuveer Singh) and other connected matters whereby this Court transferred as many as 103 cases filed by the husband under Hindu Marriage Act while relying upon the judgments of the Hon’ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay & Ors reported in (2001) 10 SCC 41 and other judgments of the Hon’ble Supreme Court.

3. Learned counsel appearing for respondent opposed the prayer made by the learned counsel for the petitioner.

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-A of the Hindu Marriage Act from Court of Addl. District & Sessions Judge No.1, Nimbaheda, District Chittorgarh to the Family Court No.1, Jaipur Metropolitan, Jaipur.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.87/2020 under Section 13A of the Hindu Marriage Act 1955, pending before the learned Addl. District & Sessions Judge No.1, Nimbaheda, District Chittorgarh be transferred to the learned Family Court No.1, Jaipur Metropolitan, Jaipur.

8. The learned Addl. District & Sessions Judge No.1, Nimbaheda, District Chittorgarh is directed to send the record of the case to Family Court No.1, Jaipur Metropolitan, Jaipur.

9. Both the parties are directed to appear before Family Court No.1, Jaipur Metropolitan, Jaipur on 16.10.2023

10. Learned Family Court No.1, Jaipur Metropolitan, Jaipur is directed to expedite the trial of the case.