2014 Supreme(Raj) 1033
ALOK SHARMA
Shivangi Meena – Appellant
Versus
Suresh Kumar Meena – Respondent
Advocates:
For the Petitioner:Amit Chaudhary, Advocate.
For the Respondent:Rahul Agrawal, Advocate.
JUDGMENT
1. - This miscellaneous petition under Section 24 of the Civil Procedure Code, 1908 at the instance of the applicant wife seeks transfer of civil suit No.9/2012, Suresh Kumar Meena v. Shivangi Meena from the court of Civil Judge (Junior Division) Bamanwas (Sawai Madhopur) to the court of Civil Judge (Junior Division) Hindaun City (Karauli).
2. The applicant and the non applicant belonging to Meena community were married on 12-5-1998 at Danalpur District Karauli according to Hindu religion and rites. A male child was born out of the marriage and is presently about 13 years of age. The non applicant husband filed a civil suit under Order 7, Rule 1 CPC before the court of Civil Judge (Junior Division) Bamanwas seeking a declaration that the marriage between the applicant and the non applicant stood dissolved in terms of a community divorce. It was submitted that Hindu Marriage Act, 1955 did not apply to the couple as they belonged to the Meena community and a customary divorce was wholly legal and be so declared by the court. Allegations in the suit were denied in the written statement. The merit of the case of the contesting parties is however not relevant to this transfer p
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