Rajasthan High Court - Jaipur
Gayatri W/O Sh. Kailash Saini vs Kailash Saini S/O Sh. Kaluram Saini on 28 November, 2022
Author: Sameer Jain
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 86/2022
Gayatri W/o Sh. Kailash Saini, Aged About 24 Years, D/o Sh.
Satyanarayan Saini, R/o Dungaramji Ki Dhani Ward No. 04, Losal
District Sikar (Raj.).
----Petitioner
Versus
1. Kailash Saini S/o Sh. Kaluram Saini, R/o Ward No. 19,
Maliyo Ki Dhani, Nawan Road, Dantaramgarh, Presently
R/o Adarsh Colony, Bichun Road, Town Phulera, Tehsil
Sambharlake District Jaipur.
2. Neer Verma S/o Balram, Adult, Resident Of Chhoti Losal,
District Sikar, Raj.
----Respondents
For Petitioner(s) : Mr. Vikram Singh
For Respondent(s) : Mr. Rakesh Chandel
HON'BLE MR. JUSTICE SAMEER JAIN
Order
28/11/2022
1. This transfer application has been filed by applicant-wife under Section 24 of the Code of Civil Procedure seeking transfer of divorce petition No. 38/2022 titled as Kailash Saini Vs. Gayatri, filed by non-applicant-husband under Section 13 of the Hindu Marriage Act, 1955 form the learned District and Session Judge No.1, Sambhar Lake District -Jaipur to Sikar.
2. Learned counsel for the petitioner-applicant has submitted that three cases, pertaining to matrimonial disputes are pending before the jurisdictional court at Sikar filed under Sections 498A, 406 and 125 Cr.P.C. filed by the petitioner- (Downloaded on 25/12/2022 at 03:10:50 PM)
(2 of 3) [CTA-86/2022] applicant. Learned counsel further submitted that respondent has merely on account of the factum of his service at Sambhar Lake and to harass the petitioner-applicant filed a divorce application before the Additional District & Session Judge No.1, Sambhar Lake on 13.10.2021.
3. Per contra, learned counsel for the respondent has submitted that the last place prior to the separation of the parties was Phulera and therefore, the jurisdiction as per Section 19 of the Hindu Marriage Act falls rightly at Sambhar Lake.
4. Considering the contentions put-forth by the counsel for the parties, considering the provisions of Section 19 of the Hindu Marriage Act and relying upon the judgment of Hon'ble Apex Court in N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha: Civil Appeal No. 4894/2022, wherein it was held that in matrimonial matters, given the prevailing socio-economic paradigm in the Indian Society, generally, it is the wife's convenience which must be looked at while considering the transfer, this Court deems it just and proper to transfer the matter from ADJ Court No.1 to Sambhar Lake, Jaipur and divorce petition bearing No.38/2022 to Family Court, Sikar.
5. Both parties are directed to appear before the transferee Family Court, Sikar on 19.12.2022. By that time, the record of the case be transmitted to the transferee Court by the Court concerned. It is made clear that if any of the parties would not appear on the date fixed by this Court, the Family Court would be at liberty to proceed in accordance with law. (Downloaded on 25/12/2022 at 03:10:50 PM)
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6. It is expected from the trial court that looking to the young age of the parties, the trial may be carried out expeditiously.
7. Stay application and any other pending application, if any, stands disposed of.
(SAMEER JAIN),J JKP/32 (Downloaded on 25/12/2022 at 03:10:50 PM) Powered by TCPDF (www.tcpdf.org)