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2023 Supreme(Raj) 732

MADAN GOPAL VYAS
Swati Jethani W/o Rahul Vasandani And D/o Late Shri Ramesh Kumar Jethani – Appellant
Versus
Rahul Vasandani S/o Shri Kishore Vasandani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nitin Gokhalani
For the Respondent: Mr. Hemant Jain

JUDGMENT :

The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 43/2021 preferred by the respondent herein under Section 9 of the Hindu Marriage Act 1955, from the Family Court No.1, Jodhpur to the Family Court No.1, Jaipur Metropolitan, Jaipur.

2. Learned counsel for the petitioner submits that the application under Section 12 of the Domestic Violence Act has been preferred by the petitioner is pending before the learned learned Addl. Chief Judicial Magistrate No.4, Jaipur Metropolitan, Jaipur and an application under Section 125 of Cr.P.C. claiming interim maintenance is also pending before the Family Court No.1, Jaipur Metropolitan, Jaipur. Thus it is prayed that application under Section 9 of Hindu Marriage Act may also be transferred to the Family Court No.1, Jaipur Metropolitan, Jaipur.

3. Learned counsel appearing for respondent opposed the prayer made by the learned counsel for the petitioner.

4. The Hon’ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore Tolani 2010(1) WLC (SC) 705 has observed that in the matrimonial proceedings initiated by the husband against the

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