Rajasthan High Court - Jaipur
Smt. Manju Yogi W/O Shri Chandraprakash ... vs Chandra Prakash Yogi S/O Shri Murari Lal ... on 11 September, 2019
Author: G R Moolchandani
Bench: G R Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 183/2019
Smt. Manju Yogi W/o Shri Chandraprakash Yogi D/o Shri Prabhu Lal
Yogi
----Petitioner
Versus
Chandra Prakash Yogi S/o Shri Murari Lal Yogi
----Respondent
For Petitioner(s) : Mr. Mohar Pal Meena
For Respondent(s) : Mr. Rubal Tholia
HON'BLE MR. JUSTICE G R MOOLCHANDANI
Order
11/09/2019
Petitioner, namely Smt. Manju Yogi wife of respondent Chandra Prakash Yogi has moved instant transfer application to transfer Hindu Marriage Case No.30/2019 captioning Chandra Prakash Yogi Vs. Smt. Manju Yogi pending before the Family Court, Sawai Madhopur to the Family Court, Tonk.
Learned counsel representing petitioner wife Smt. Manju Yogi, has contended that Smt. Manju Yogi has recently undergone a cesarean procedure and she is not keeping well, she is a woman of meager resources, can not travel to Sawai Madhopur alone to contest the divorce petition, hence, for sake of convenience, the petition sub- judice before the Family Court Sawai Madhopur be transferred to the Family Court, Tonk.
Learned counsel representing respondent husband Chandra Prakash Yogi, while relying authorities Anindita Das Vs. Srijit Das, reported as (2006) 9 S.C.C. 197 and Neelam Bhatia Vs. Satbir Singh Bhatia, reported as (2004) 13 S.C.C. 436, has contended that respondent-husband is serving at Jaipur with Metro Rail and is prepared (Downloaded on 06/06/2021 at 08:04:26 PM) (2 of 2) [CTA-183/2019] to bear the expenditure incurred by the petitioner-wife in attending the Court at Sawai Madhopur, so the matter sub-judice before the Family Court, Sawai Madhopur may not be transferred to the Family Court, Tonk.
Heard and perused the material available on record. Admittedly, F.I.R. pertaining to Section 498-A of I.P.C and maintenance application under Section 125 of Cr.P.C. coupled with application under Section 12 of the Domestic Violence Act are sub-judice at Tonk and contents of Annexure-3 F.I.R. No.0054 dt. 17.032019 registered at Police Station Women, Tonk, discloses perperation of cruelty against lady Smt. Manju Yogi, Annexure No.5 medical documents of Apex Hospital reflects that the patient Smt. Manju Yogi has undergone Full Term Cesarean Section.
Having considered the aforesaid and inconvenience of female spouse Smt. Manju Yogi, Hindu Marriage Case No.30/2019 titling Chandra Prakash Yogi Vs. Smt. Manju Yogi, is ordered to be transferred from Family Court, Sawai Madhopur to the Family Court, Tonk.
Family Court, Sawai Madhopur is directed to transmit entire record pertaining to the petition impugned to the Family Court, Tonk forthwith. Family Court, Tonk is directed to decide the petition strictly in accordance with law.
Let a copy of this order be transmitted to both the Courts for necessary information and compliance.
Instant transfer application stands disposed of in aforesaid terms.
(G R MOOLCHANDANI),J.
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