Seema vs Rajendra Joshi

Arun Bhansali, J.—Heard learned counsel for the parties.

The present transfer petition has been filed by the petitioner-wife, inter alia, seeking transfer of petition u/s 13 of the Hindu Marriage Act, 1955 pending before the Family Court No. 1, Jodhpur to the Family Court, Pali.

Besides other allegation, it is indicated that the proceeding u/s 125 Cr.P.C. initiated by the petitioner is already pending consideration before the Family Court, Pali and the petitioner has a minor female child, whom she is required to carry alongwith her on the dates and it is difficult for her to attend the Courts at Pali as well as Jodhpur.

Learned counsel for the respondent submits that the distance between Jaitaran to Pali as well as Jodhpur is equal. While for Jodhpur there is a direct Bus, for going to Pali, the petitioner would be required to change one Bus and, therefore, factually it is more convenient to her to appear at Jodhpur. It is also indicated that another proceeding initiated by the respondent u/s 25 of the Hindu Minority and Guardianship Act, 1956 is also pending before the Family Court Jodhpur and, therefore, it would be appropriate that the proceedings are conducted at Jodhpur.

I have considered the rival submissions.

From the facts alleged in the petition, which are not disputed, it is apparent that proceeding initiated by the petitioner u/s 125 Cr.P.C., which is prior in time is pending consideration before the Family Court, Pali and the present proceeding at Jodhpur has been initiated subsequently by the respondent and another proceeding u/s 25 of the Hindu Minority and Guardianship Act, 1956 has also been initiated subsequent thereto. The fact that the earlier instituted proceeding is already pending consideration before the Family Court, Pali, it would be in fitness of things that the proceeding pending at Jodhpur is also transferred at the Family Court Pali so that the parties are not required to attend more than one Court for their matrimonial disputes.

Consequently, the petition filed by the petitioner-wife is allowed. The Civil Case No. 177/2013 pending before the Family Court No. 1, Jodhpur is ordered to be transferred to the Family Court, Pali.

The parties shall remain present before the Family Court, Pali on 07.07.2014 or on any other date to which the proceedings u/s 125 Cr.P.C. pending before it is adjourned.

The Family Court No. 1, Jodhpur is directed to remit the record to the Family Court, Pali immediately.

The stay petition also stands disposed of.