Rajasthan High Court - Jodhpur
Vipul vs Sneha on 14 November, 2022
Author: Madan Gopal Vyas
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 217/2022
Vipul S/o Om Prakash Singhvi, Aged About 38 Years, B/c Jain, R/
o Plot No. 22, Mohanpura, Jodhpur.
----Petitioner
Versus
Sneha W/o Vipul, Aged About 36 Years, E/o Hemant Prakash
Mehta, B/c Jain R/o 18/825, Chopasni Housing Board, Jodhpur.
----Respondent
For Petitioner(s) : Mr. Ravi Bhansali Sr. Adv. With
Mr. Dhanesh Saraswat, Mr. Shubham
Modi, Mr. Falgun Buch
For Respondent(s) : Mr. Salman Agha for Mr. Haider Agha
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order 14/11/2022 The present transfer petition under Section 24 read with Section 151 of the CPC has been preferred by the petitioner husband for transferring the Case No.65/2021(Sneha Vs. Vipul) filed by the respondent-wife under Section 25 of the Guardianship and Wards Act for custody of two children Vinay and Vinayak from the Family Court No.3, Jodhpur to the Family Court No.1, Jodhpur.
Learned counsel appearing for the petitioner submits that the Presiding Officer of the Family Court No.3, Jodhpur is explicitly behaving unjust and unfair and is biased against the petitioner, and therefore, it is submitted that no justice could be achieved if the petitioner is continued to be heard by the same Presiding Officer. Learned counsel submits that the respondent is a twitter influencer and has more that 32,000 followers on twitter and is (Downloaded on 19/11/2022 at 08:21:39 PM) (2 of 2) [CTA-217/2022] closely connected with many political and high level politicians in Rajasthan and Maharashtra. Learned counsel further submits that the respondent has made an attempt to make the life of the petitioner and his children miserable by making derogatory comments upon the petitioner and has committed criminal contempt by making false allegations against the Hon'ble Judges of Rajasthan Judiciary. Thus, it is prayed that the petition under Section 24 read with Section 151 CPC may be transferred from Family Court No.3, Jodhpur to Family Court No.1, Jodhpur.
Learned counsel appearing for the respondent vehemently opposed the prayer made by the petitioner.
Having regard to the facts and circumstance of the case and the fact that the petitioner has made allegations against the Presiding Officer of Family Court No.3, Jodhpur, this Court without commenting on the allegations made by the petitioner, deems it appropriate to transfer the Case No.65/2021 from the Family Court No.3, Jodhpur to Family Court No.1, Jodhpur.
The transfer petition is allowed.
It is ordered that the Case No.65/2021(Sneha Vs. Vipul) pending in the Family Court No.3, Jodhpur be transferred to Family Court No.1, Jodhpur.
The Judge, Family Court No.3, Jodhpur is directed to send the record of the case to the Family Court No.1, Jodhpur.
Both the parties are directed to appear before the Family Court No.1, Jodhpur on 14.12.2022.
(MADAN GOPAL VYAS),J 93-neha/-
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