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Smt. Vijaylaxmi vs Harendra Kumar on 14 March, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 174 / 2017
Smt. Vijaylaxmi Wife of Harendra Kumar Daughter of Shree
Bhanwarlal Sharma, Aged About 35 Years, Resident of 48 Chankya
Nagar Lal Sagar Jodhpur.
—-Petitioner
Versus
Harendra Kumar Son of Shree Bhanwar Lal, By Caste Prajapat,
Resident of Tankipura, Gawariyo Ka Mohalla Degana District
Nagour.
—-Respondent
__
For Petitioner(s) : Mr. Dilip Singh Baghela
For Respondent(s) : Mr. B.R. Chahar
__
JUSTICE DINESH MEHTA
Judgment
14/03/2018

The present transfer application under Section 24 of the

Code of Civil Procedure has been filed by the petitioner, seeking

transfer of Civil Original Case No.12/2017 titled as “Harendra

Kumar Vs. Smt. Vijaylaxmi” from Family Court, Merta to the

Family Court, Jodhpur.

The facts in brief, necessary for adjudication of the present

transfer application are that the petitioner got married with

respondent on 06.07.1999, as per Hindu rituals and started living

with her husband at Degana. Two daughters and one son were

born from their wedlock. However, their matrimony got disturbed

and petitioner has come to live with her parents at Jodhpur.

The respondent-husband had filed a case under Section 9 of

the Hindu Marriage Act and another case under Section 13 of the
(2 of 3)
[CTA-174/2017]

Hindu Marriage Act. It is pertinent to note that both these cases

were initally filed before Competent Court at Merta, but have been

subsequently transferred by this Court, to Family Court, Jodhpur

vide two separate order(s) dated 05.10.2017 and 08.09.2017,

passed in transfer applications No.113/2017 892/2016

respectively.

Meanwhile, the respondent-husband has filed a case under

Section 10 of the Guardian and Wards Act, seeking custody of all

the three children, at Family Court, Merta.

Learned counsel for the petitioner contended that as two

matters filed by the respondent have already been transferred to

Family Court, Jodhpur, it would be appropriate and in the interest

of justice to transfer the present case also to Family Court,

Jodhpur.

Apart from the above, he contended that the respondent –

husband has deliberately given wrong particulars/address of the

petitioner and her children, so as to institute and maintain the

case at Family Court, Merta. It was only, because of wrong

mentioning of the address of the non-applicant-petitioner, that the

matter was registered by the Family Court, Merta.

In this connection, he invited attention of this Court towards

the cause title of the said case and the notice sent by the Family

Court, Annexures-2 1 respectively and pointed out that in the

memo of the application, the respondent-husband has shown

petitioner’s address as Tehsil Degana, District Naguar; whereas

while sending the notice, the address of the petitioner has been

given as 48, Chankya Nagar, Lal Sagar, Jodhpur. In light of these
(3 of 3)
[CTA-174/2017]

facts he contended that the respondent has abused the process,

simply with a view to maintain the said application under Section

10 of the Guardian and Wards Act at Merta to harass the

petitioner.

Having gone through the material available on record and

after hearing learned counsels for the parties, this Court has no

hesitation in holding that it has been a deliberate attempt on the

part of the respondent – husband to give incorrect or old address

of the respondent, simply with a view to maintain his application

at Family Court, Merta. The respondent – husband is well aware of

the address of the petitioner and the children, according to which,

the jurisdiction of the Court as per the provision of Guardians and

Wards Act is determined.

In any case, not only the petitioner, but all the three children

also reside in Jodhpur, whose custody has been sought by way of

the subject proceedings. In the facts of the extant case, this Court

is of the considered opinion that the matter is required to be

transferred to Family Court, Jodhpur.

As a result of aforesaid discussion, the transfer application at

hand is allowed. The Civil Original Case No. 12/2017 titled as

“Harendra Kumar Vs. smt. Vijaylaxmi” is withdrawn from Family

Court, Merta and transferred to Family Court, Jodhpur.

A copy of this order be sent to both the Courts below for

facilitating transmission of the record.

(DINESH MEHTA), J.

Upendra/10

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