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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Yogendra Kumar Purohit, J.
Prem & Ors. – Appellant
Versus
Mahipal & Ors. – Respondent
S.B. Civil Transfer Appeal No. 69, 71 of 2020
Decided On : 17-02-2023
Transfer Application - Hindu Marriage Act - The court allowed the transfer application under Section 24 of Cr.P.C. and directed the transfer of the pending petitions from Family Court No.1, Jodhpur to Learned ADJ No.1, Nagaur, with the directive to decide the petitions expeditiously.
Fact of the Case:
The petitioner-wife sought transfer of petitions filed by the respondent-husband under Section 13 of the Hindu Marriage Act from Family Court No.1, Jodhpur to Learned ADJ No.1, Nagaur.
Finding of the Court:
The court allowed the transfer application with the consent of the parties and directed the transfer of the petitions to Learned ADJ No.1, Nagaur, with a directive to decide the petitions expeditiously.
Issues: Transfer of petitions under Section 13 of the Hindu Marriage Act from one court to another.
Ratio Decidendi: The court's decision was influenced by the consent of the parties and the provisions of Section 24 of Cr.P.C., which allows for the transfer of cases for the interest of justice or convenience.
Final Decision: The transfer application was allowed, and the petitions pending before Family Court No.1, Jodhpur were directed to be transferred to Learned ADJ No.1, Nagaur, with a directive to decide the petitions expeditiously.
JUDGMENT
Yogendra Kumar Purohit, J. - S.B. Civil Transfer Appl. No. 69/2020:-
1. With the consent of the learned counsel for the parties, the matter is heard and decided today.
2. The present transfer application has been moved under Section 24 of Cr.P.C. by the petitioner-wife seeking transfer of petition being Case No. 605/2019 (Ram Prakash V/s Smt. Prem) filed by the respondent-husband under Section 13 of the Hindu Marriage Act pending before the Family Court No.1, Jodhpur (Raj.) to the Learned ADJ No.1, Nagaur(Raj.).
3. Learned counsel for the respondent has no objection if the petition filed by the respondent pending before the Family Court No.1, Jodhpur is transferred to the Learned ADJ No.1, Nagaur(Raj.).
4. Accordingly, the present transfer petition is allowed and the petition filed by the respondent-husband being Case No. 605/2019 (Ram Prakash V/s Smt. Prem) pending before the Family Court No.1, Jodhpur (Raj.) is transferred to the Learned ADJ No.1, Nagaur(Raj.). The Family Court No.1, Jodhpur is directed to send the record of the aforesaid case to Learned ADJ No.1, Nagaur immediately. The parties are directed to appear before Learned ADJ No.1, Nagaur(Raj.) on 14.03.2023. The Learned ADJ No.1, Nagaur is directed to decide the petition as expeditiously as possible. A copy of this order be sent to the Family Court No.1, Jodhpur and Learned ADJ, Nagaur(Raj.) forthwith.
S.B. Civil Transfer Appl. No. 71/2020:-
5. With the consent of the learned counsel for the parties, the matter is heard and decided today.
6. The present transfer application has been moved under Section 24 of Cr.P.C. by the petitioner-wife seeking transfer of petition being Case No. 603/2019 (Mahipal V/s Smt. Karma) filed by the respondent-husband under Section 13 of the Hindu Marriage Act pending before the Family Court No.1, Jodhpur (Raj.) to the Learned ADJ No.1, Nagaur(Raj.).
7. Learned counsel for the respondent has no objection if the petition filed by the respondent pending before the Family Court No.1, Jodhpur is transferred to the Learned ADJ No.1, Nagaur(Raj.).
8. Accordingly, the present transfer petition is allowed and the petition filed by the respondent-husband being Case No. 603/2019 (Mahipal V/s Smt. Karma) pending before the Family Court No.1, Jodhpur (Raj.) is transferred to the Learned ADJ No.1, Nagaur(Raj.). The Family Court No.1, Jodhpur is directed to send the record of the aforesaid case to Learned ADJ No.1, Nagaur immediately. The parties are directed to appear before Learned ADJ No.1, Nagaur(Raj.) on 14.03.2023. The Learned ADJ No.1, Nagaur is directed to decide the petition as expeditiously as possible. A copy of this order be sent to the Family Court No.1, Jodhpur and Learned ADJ, Nagaur(Raj.) forthwith.
The court's decision was based on the provisions of Section 24 of Cr.P.C., which allows for the transfer of cases for the interest of justice or convenience.
The court can allow the transfer of a suit under the Hindu Marriage Act from one Family Court to another based on the consent of both parties and can direct the transferee court to dispose of the sui....
In matrimonial proceedings initiated by the husband against the wife, the convenience of the wife must be considered for contesting the suit, and the court may transfer the proceedings accordingly.
Consent of both parties and pending cases related to the applicant in the transferee court can be grounds for allowing the transfer of a civil suit.
The court may allow the transfer of a suit under Section 24 of the Code of Civil Procedure, 1908, based on practical difficulties faced by the parties and their consent.
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