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Smt. Seema Kanwar Vs. Karan Vijay Singh - Court Judgment

SooperKanoon Citation
CourtRajasthan Jodhpur High Court
Decided On
AppellantSmt. Seema Kanwar
RespondentKaran Vijay Singh
Excerpt:
.....the various proceedings initiated by her and pending at various forums at jodhpur. in view of the pending proceedings before courts at jodhpur including the family court no.1, jodhpur, it would be in fitness of things that the matrimonial proceedings launched by the respondent at jaipur be also transferred to the family court no.1, jodhpur so that, both the proceedings may be fixed on the same date, so that parties are not required to attend more than one jurisdictional forum for dissolution of their matrimonial dispute. consequently, the petition filed by the petitioner is allowed. the divorce petition no.259/2013 (karan vijay singh v. smt. seema kanwar) pending before the family court no.1, jaipur is ordered to be transferred to the family court no.1, jodhpur. the parties are directed.....
Judgment:

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER

: S.B.CIVIL TRANSFER PETITION NO.18/2014 Smt.

Seema Kanwar versus Karan Vijay Singh Date of Order :: 26.09.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.H.M.Saraswat, for the petitioner.

---- BY THE COURT: This transfer petition has been filed by the petitioner wife seeking transfer of matrimonial proceedings pending before the Family Court No.1, Jaipur to the Family Court, Jodhpur.

It is, inter alia, indicated in the application that on account of matrimonial disputes, the petitioner initiated proceedings by way of filing FIR at Jodhpur, application under Section 23 of Protection of Women from Domestic Violence Act, 2005 and proceedings under Section 125 Cr.P.C., the present petition seeking dissolution of marriage has been filed at Jaipur.

It is further indicated that besides the fact that other proceedings are pending before courts at Jodhpur, the petitioner being a woman is required to be escorted for her appearance at Jaipur, which results in huge inconvenience to her and her family members and, therefore, the proceedings pending at Jaipur may be ordered to be transferred to the Family Court, Jodhpur.

Despite service, no one has appeared on behalf of the respondent.

2 The petitioner, alongwith the petition has produced copies of the various proceedings initiated by her and pending at various forums at Jodhpur.

In view of the pending proceedings before courts at Jodhpur including the Family Court No.1, Jodhpur, it would be in fitness of things that the matrimonial proceedings launched by the respondent at Jaipur be also transferred to the Family Court No.1, Jodhpur so that, both the proceedings may be fixed on the same date, so that parties are not required to attend more than one jurisdictional forum for dissolution of their matrimonial dispute.

Consequently, the petition filed by the petitioner is allowed.

The Divorce Petition No.259/2013 (Karan Vijay Singh v.

Smt.

Seema Kanwar) pending before the Family Court No.1, Jaipur is ordered to be transferred to the Family Court No.1, Jodhpur.

The parties are directed to remain present before the Family Court No.1, Jodhpur on 21.11.2014 (the date indicated by the learned counsel for the petitioner as the date fixed in proceedings under Section 125 Cr.P.C.).The Family Court No.1, Jaipur is directed to immediately trasmit the record to the Family Court No.1, Jodhpur.

A certified copy of this order be immediately transmitted to the respondent by the office.

The stay petition stands disposed of.

(ARUN BHANSALI).J.

PKS-16


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