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2022 Supreme(Raj) 1152

MADAN GOPAL VYAS
Soniya Soni – Appellant
Versus
Karan Soni – Respondent


Advocates appeared:
A.K. Babel, Advocate., for the Appellant
J.S. Khichi, Advocate., for the Respondents

JUDGMENT

Madan Gopal Vyas, J. - The present transfer application under Section 24 of the CPC, 1908 has been preferred by the petitioner seeking transfer of Civil Misc. Case No. 408/2021 (Karan Soni v. Manish Soni & Anr.) preferred by the respondents under Section 25 of the Guardian and Wards Act, 1890 for custody of the elder son of the petitioner namely Jaksh Soni from the Family Court, Hanumangarh to Family Court, Sriganganagar.

2. Learned counsel for the petitioner submits that the application under Section 25 of the Guardian and Wards Act, 1890 seeking custody of Jaksh Soni has been preferred by the respondents on the basis of fraudulent adoption deed dated 08.07.2021. It is submitted that as soon as the petitioner came to know of the aforesaid fraud being played upon her, she preferred a suit against the respondents for cancellation of the fraudulent adoption deed dated 08.07.2021. However, in order to harass and humiliate the petitioner, the respondent No. 2 herein preferred a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights being Civil Misc. Case No. 344/2021 before Family Court, Hanumangarh.

3. Learned counsel submits that for transferring

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