Chand Bano vs Liyakat Khan

Madan Gopal Vyas, J

The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 146/2022 (Liyakat Khan Vs. Chand Bano) preferred by the respondent herein for dissolution of marriage from the Family Court Merta, District Nagaur to Family Court No.1, Jodhpur.

Learned counsel for the petitioner submits that the the petitioner has preferred an application under Sections 12 and 23 of the Domestic Violence Act before the court of ACJM No.2, Jodhpur and the same is pending consideration before the aforesaid Court. However, in order harass and humiliate the petitioner, the respondent has preferred a case for dissolution of marriage under the Muslim Law before the learned Family Court, Merta, District Nagaur. Thus, it is prayed that case no. 146/2022 pending before Family Court, Merta, District Nagaur be transferred to the Family Court No.1, Jodhpur.

Learned counsel appearing for respondent opposes the prayer made by the learned counsel for the petitioner.

The Hon’ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore Tolani 2010(1) WLC (SC) 705 has observed that in the matrimonial proceedings initiated by the husband against the wife the convenience of the wife has to be considered for contesting the suit, and accordingly the matrimonial proceedings ought to be transferred where the wife is residing.

Having regard to the facts and circumstances of the case, this Court deems it appropriate to transfer the case no. 146/2022 from the Family Court, Merta, District Nagaur to the Family Court No.1, Jodhpur.

The transfer petition is allowed accordingly.

It is ordered that the case No.146/2022 (Liyakat Khan Vs. Chand Bano) pending before the Family Court, Merta, District Nagaur be transferred to the Family Court No.1, Jodhpur.

The learned Family Court, Merta, District Nagaur is directed to send the record of the case to Family Court No.1, Jodhpur.

Both the parties are directed to appear before Family Court No.1, Jodhpur on 4.9.2023.

Learned Family Court No.1, Jodhpur is directed to expedite the trial of the case.