Rajasthan High Court - Jaipur
Smt. Anju Meena W/O Shri Arvind Kumar ... vs Arvind Kumar Meena Son Of Shri Johari Lal ... on 2 March, 2022
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 33/2021
Smt. Anju Meena W/o Shri Arvind Kumar Meena, D/o Shri
Omprakash Meena, Aged About 29 Years, R/o Plot No. 120,
Radhika Vihar, Jamdoli, Jaipur (Raj.) (Pin Code No. 302031)
----Petitioner
Versus
Arvind Kumar Meena Son Of Shri Johari Lal Meena, R/o Village
Post Koyala, Tehsil Bamanwas, District Sawai Madhopur (Raj.)
----Respondent
For Petitioner(s) : Mr. Neeraj Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
02/03/2022
The applicant-wife has filed present transfer application under Section 24 of the Code of Civil Procedure seeking transfer of divorce petition filed by respondent-husband from Court of Civil Judge, Bamanwas District Sawai Madhopur to Family Court, Jaipur.
It appears from the record that marriage between parties were solemnized on 27.04.2016 and out of wedlock a son was born on 12.09.2017. The son is presently said to be residing with appellant. It has been averred by the applicant that she is alone daughter of her parents and reside at Jaipur. It is highly inconvenient for her to attend proceedings of divorce petition from Jaipur to the Court of Bamanwas, Sawai Madhopur. Counsel for applicant has further submitted that applicant has lodged a compliant under Section 498-A IPC wherein charge-sheet has been filed against the respondent and trial is pending at the Court (Downloaded on 24/12/2022 at 02:31:50 PM) (2 of 3) [CTA-33/2021] of Metropolitan Magistrate No.9, Jaipur Metropolitan Ist. It has further been submitted that respondent is a person of angry nature and if she will go to attend the Court proceedings to contest the divorce petition at Bamanwas, there is a possibility of misbehave and manhandling with her. He has also placed reliance on the judgment passed in SB Civil Transfer Application No.72/2021: Smt. Ekta Dahdhich Vs. Rajendra Prasad Sharma.
During course of arguments, applicant has also submitted that there is no direct connecting conveyance available to travel from Jaipur to Bamanwas which is at the distance of nearby 128 Kms. According to applicant, Family Court No.2, Jaipur has jurisdiction to hear and decide the divorce petition.
As per office report, notices were issued, service is complete. However, no one has appeared on behalf of respondent. No reply to the transfer petition has been filed.
Considering the nature of litigation pending as well as reasons assigned by applicant more particularly the ground that the applicant is having a minor son of near about 5 years of age who resides with her and it is inconvenient for her to attend the Court proceedings at Bamanwas, this Court is inclined to grant the transfer application. Accordingly, transfer application is allowed.
The divorce petition bearing Civil Suit No.6/2021 (Arvind Kumar Meena Vs. Smt. Anju Meena) is allowed to be transferred from Court of Civil Judge, Bamanwas to Family Court No.2, Jaipur.
Registry is directed to send a copy of order to the Civil Judge, Bamanwas within a period of 15 days. Parties are directed to appear before the Family Court on 13.04.2022. By that time, the record shall be transmitted to the transferee Court by the Court concerned. It is made clear that if any of the parties would (Downloaded on 24/12/2022 at 02:31:50 PM) (3 of 3) [CTA-33/2021] not appear on the date as fixed by this Court, the Family Court would be at liberty to proceed in accordance with law.
(SUDESH BANSAL),J NITIN/69 (Downloaded on 24/12/2022 at 02:31:50 PM) Powered by TCPDF (www.tcpdf.org)