Rajasthan High Court – Jodhpur
Smt. Khushboo vs Sh. Manorlal (2026:Rj-Jd:16816) on 10 April, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:16816]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Application No. 310/2025
Smt. Khushboo W/o Shri Manoharlal, Aged About 27 Years, R/o
Railway Colony, Gurudwara Road, Railway Station, Pokaran, Ps-
Pokaran, Tehsil- Pokaran, Dist- Jaisalmer, Rajasthan.
----Petitioner
Versus
Sh. Manorlal S/o Shri Bhenaram, R/o Maliyon Ki Basti, Goan
Basinqgar Post Badla Basani, Ps- Osian Distt- Jodhpur. At Present
Residing At Hanuman Sagar Basere Kudti, Ps- Mathania Tehsil
Tiwari Distt- Jodhpur Rajasthan.
----Respondent
For Petitioner(s) : Mr. Rahul Vyas with
Ms. Shruti Rathi
For Respondent(s) : Mr. Madan Singh Rathore
HON'BLE MS. JUSTICE REKHA BORANA
Order
10/04/2026
1. The present transfer application has been filed by the
petitioner-wife requesting for transfer of Family Main Case
No.868/2025 under Section 13 of the Hindu Marriage Act, 1955
(for short ‘the Act’) pending before Family Court No.1, Jodhpur to
Family Court, Pokran.
2. It has been averred that an application under Section 13(A)
of the Act was filed by the petitioner way back in the year 2022
which stood dismissed vide judgment & decree dated 20.08.2024
and appeal against the said judgment remained pending.
3. During the pendency of the said appeal, an application under
Section 13 of the Act was filed by the respondent husband which
has been prayed to be transferred vide the present petition.
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4. Now, the appeal (D.B. Civil Appeal No.2708/2024) as
preferred by the petitioner-wife has been allowed vide Judgment &
Decree dated 03.02.2026 and vide the same, application under
Section 13 of the Act as filed by the petitioner has been allowed.
Meaning thereby, the decree for divorce has been granted in
favour of the petitioner. Hence, the application under Section 13 of
the Act for divorce as filed by the respondent husband is even
otherwise not maintainable.
5. Counsel for the respondent, at this stage, submits that when
a decree for divorce has already been granted in favour of the
petitioner, appropriate orders for disposal of the application under
Section 13 of the Act as filed by the respondent, be passed by this
Court.
6. In view of the above submission and in view of the fact that
the divorce decree has already been granted in favour of the
petitioner, the application/petition under Section 13 as filed by the
husband definitely remains of no consequence. Permitting the
same to continue would only be an abuse of the process of law.
Section 24(1)(b), CPC empowers this Court to withdraw any
proceedings pending in any Court subordinate to it, and try or
dispose of the same. Exercising the said power and exercising its
supervisory jurisdiction under Article 227 of the Constitution of
India, this Court deems it proper to dispose of the
application/petition under Section 13 of the Act (Petition
No.868/2025) as filed by the respondent and pending before
Family Court No.1, Jodhpur.
7. Consequently, Family Case No.868/2025 pending before the
Family Court No.1, Jodhpur is hereby disposed of.
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8. The application/petition which has been prayed to be
transferred, itself having been disposed of, no order on the
present transfer application is now required to be passed. The
application is also disposed of.
9. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
194-KashishS/-
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