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2023 Supreme(Raj) 896

REKHA BORANA
Mona Modi – Appellant
Versus
Neeraj Modi – Respondent


Advocates Appeared:
Hemank Vaishnava, Advocate, Love Jain, Advocate, Urmila Chouhan, Advocate

JUDGMENT

Rekha Borana, J. - The present transfer petition under Section 24 of the Code of Civil Procedure has been preferred on behalf of the petitioner-wife for transferring the petition under Sections 7 and 12 of Guardian and Wards Act,1890 (hereinafter referred to as the ’Act of 1890’) preferred by respondent-husband at Family Court, Dungarpur to Family Court, Jhalawar.

2. It has been submitted in the petition that the petitioner had lodged an FIR being 69/2019 at Police Station, Jhalawar, wherein the challan had been filed against the respondent and criminal proceedings qua the same are pending at Jhalawar. Further, she had also preferred an application under Section 125 Cr.P.C. before the Family Court, Jhalawar and the same is also pending.

3. Three Grounds have been raised by learned counsel for the petitioner :

    Firstly, that the petitioner has left the respondent house after harassment and she was also subjected to cruelty by the respondent and his family members. Therefore, there is danger to the life of petitioner at Durgarpur. Secondly, two cases remain pending as on date at Jhalawar and the respondent and his family members are attending the said dates at Jhalawar. Therefore

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