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MADAN GOPAL VYAS
Vinita Soni W/o Samarth Soni – Appellant
Versus
Samarth S/o Shri Mahesh Soni – Respondent
JUDGMENT :
MADAN GOPAL VYAS, J.
1. The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the Case No. 192/2022 preferred by the respondent herein under Section 13A of the Hindu Marriage Act 1955, from the court of learned Judge, Family Court-II, Bikaner to the court of learned Addl. District Judge No. 1, Rajgarh, Churu.
2. Learned counsel for the petitioner submits that the application under Section 125 of Cr.P.C. preferred by the petitioner is pending before the court of learned Judicial Magistrate, Taranagar, District Churu. Thus it is prayed that application under Section 13A of Hindu Marriage Act may also be transferred to the court of learned Addl. District Judge No. 1, Rajgarh, Churu.
3. Despite service nobody appeared on behalf of the respondent.
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 wife the convenience of the wife has to be considered for contesting the suit, and accordingly the matrimonial proceedings ought to be transferred where the wife
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.
The court established that in matrimonial disputes, the convenience of the parties and the consolidation of related cases in one jurisdiction are paramount considerations for transferring cases.
The convenience of both parties and the residency of the parties are important factors in determining the transfer of a suit under the Hindu Marriage Act.
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