SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt. Abha Mayank vs Gajraj Singh on 6 August, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 166/2017

Smt. Abha Mayank W/o Shri Gajraj Singh And D/o Dr. Balak
Ram, Aged about 42 years, Presently R/o H.no. 15/4, Chopasni
Housing Board, Jodhpur.

—-Petitioner
Versus
Gajraj Singh S/o Narayan Singh, Aged about 42 years, By Caste
Jatav, R/o H.no. 13, Chitragupt Nagar- Ii, Near Satyadeo School,
Kartarpura Phatak, Jaipur.

—Respondent
Connected With

S.B. Civil Transfer Appl. No. 167/2017

Smt. Abha Mayank W/o Shri Gajraj Singh And D/o Dr. Balak
Ram, Aged about 42 years, Presently R/o H.no. 15/4, Chopasni
Housing Board, Jodhpur.

—-Petitioner
Versus
Gajraj Singh S/o Narayan Singh, Aged about 42 years, By
Caste Jatav, R/o H.no. 13, Chitragupt Nagar- Ii, Near Satyadeo
School, Kartarpura Phatak, Jaipur.

—-Respondent

For Petitioner(s) : Mr. Nishant Bora
For Respondent(s) : Mr. HP Rankawat

HON’BLE MR. JUSTICE ARUN BHANSALI

Order

06/08/2018

Applications have been filed by the applicant seeking transfer

of proceedings pending before Family Court No.1, Jaipur Metro to

Family Court No.1, Jodhpur.

(2 of 3) [CTA-166/2017]

It is, inter alia indicated in the applications that proceedings

initiated by the petitioner are already pending at Jodhpur, and that

the proceedings have been initiated at Jaipur by the respondent

under Section 9 of the Hindu Marriage Act, 1955 and Section 25 of

the Guardians and Wards Act, 1890.

It is submitted that on account of the fact that petitioner is

required to look after her minor child, it is difficult for her to

attend the hearings at Jaipur along with her minor child and the

respondent in any case is attending the hearings in other matters

at Jodhpur, therefore, proceedings pending at Jaipur may be

transferred to Jodhpur.

By order dated 07.05.2018, after several opportunities for

filing reply, one more opportunity was granted to the respondent

on cost of Rs.1,000/- in each case by this Court, however, the

same has not been filed.

On 09.07.2018, again time was sought and another

opportunity on making payment of total cost of Rs. 2500/- and

Rs.1,500/- respectively, last opportunity was granted to the

respondent to file reply, and it was directed that in case either the

cost is not paid or reply is not filed by the next date, the matter

shall proceed without the reply.

Learned counsel for the respondent submits that the

respondent on account of his heavy drinking habit, is not in a

position to appear and/or contest the matter and in case the

matter is transferred to Jodhpur, he would not be able to attend

the hearing and therefore, the applications be rejected.

In the overall facts and circumstances of the case, wherein

more than one proceedings are already pending before the Courts

at Jodhpur and present proceedings are also going on at Jaipur
(3 of 3) [CTA-166/2017]

and the petitioner herein is required to attend the hearing at

Jaipur along with her minor child which necessarily would result in

inconvenience to her, which looking to the circumstances of the

case, cannot obviously be obviated by the respondent by

compensating her by making payment for travel and in these

circumstances, the matters pending at Jaipur are required to be

transferred to Jodhpur.

Consequently, the transfer applications filed by the petitioner

are allowed, case No. 856/2017 filed under Section 25 of the Act

of 1890 and case No. 1442/2017 filed under Section 9 of the Act

of 1955 pending before Family Court No.1, Jaipur Metro are

ordered to be transferred to Family Court No.1, Jodhpur Metro.

The parties shall appear before Family Court No.1, Jodhpur

Metro on 13.09.2018.

The record of both the cases be transferred by the Family

Court No.1, Jaipur Metro to Family Court No.1, Jodhpur Metro,

immediately.

(ARUN BHANSALI),J

Surabhii/20 21

Powered by TCPDF (www.tcpdf.org)

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation