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[CTA-223/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Transfer Appl. No. 223/2022

Bhagwanti D/o Darbar Singh, Aged About 25 Years, W/o Satnam

Singh, R/o 40 N.p. At Present Lakhuwali Head Tehsil Rawatsar

District Hanumangarh.

----Petitioner

Versus

Satnam Singh S/o Shri Banta Singh, Aged About 26 Years, R/o

40 N.P. Tehsil Raisinghnagar District Sri Ganganagar.

----Respondent

For Petitioner(s)

:

Mr. Rakesh Matoria

For Respondent(s)

:

Mr. Sushil Bishnoi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

06/10/2023

The present transfer petition under Section 24 of CPC has

been preferred by the petitioner-wife for transferring the case No.

106/2021 (Satnam Singh Vs. Bhagwanti) preferred by the

respondent herein under Section 13(A)(1A) of the Hindu Marriage

Act 1955, from the Court of learned Additional District Judge,

Raisinghnagar, District Sri Ganganagar to the learned Family

Court, Hanumangarh.

2.

Learned counsel for the petitioner submits that the

application under Section 13(A)(1A) of Hindu Marriage Act bearing

No.106/2021 preferred by the respondent is pending before the

learned Additional District Judge, Raisinghnagar, District Sri

Ganganagar. The petitioner is an unemployed woman having

financial constraints. It is very difficult for her to travel to

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Raisinghnagar on every date of hearing as she is fully dependent

on her father. Thus, it is prayed that application under Section

13(A)(1A) of Hindu Marriage Act may be transferred from the

Court of learned Additional District Judge, Raisinghnagar, District

Sri Ganganagar to the Court of learned Family Court,

Hanumangarh.

3.

Learned counsel appearing for respondent opposed the

prayer made by the learned counsel for the petitioner. It is further

submitted that the inconvenience of the wife alone may not be

looked into while deciding the transfer petition. It is further

submitted that on account of the cruelty committed by the

petitioner-wife, the respondent has preferred the divorce petition.

It is further submitted that no other case is pending/lodged by the

petitioner-wife at Hanumangarh. Therefore, learned counsel for

the respondent submits that the petition under Section 13(A)(1A)

may not be transferred to Family Court, Hanumangarh.

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)(1A) of the Hindu Marriage Act from the Court of

learned Additional District Judge, Raisinghnagar, District Sri

Ganganagar to the learned Family Court, Hanumangarh.

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6.

The transfer petition is allowed accordingly.

7.

It is ordered that the Civil Case No.106/2021 (Satnam Singh

Vs. Bhagwati) under Section 13(A)(1A) of the Hindu Marriage Act

1955, pending before the learned Additional District Judge,

Raisinghnagar, District Sri Ganganagar be transferred to the

learned Family Court, Hanumangarh.

8.

The learned Additional District Judge, Raisinghnagar, District

Sri Ganganagar is directed to send the record of the case to the

learned Family Court, Hanumangarh.

9.

Both the parties are directed to appear before the learned

Family Court, Hanumangarh on 07.11.2023.

(MADAN GOPAL VYAS),J

133-neha/-