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MADAN GOPAL VYAS
Kiran W/o Shri Vishnu Das – Appellant
Versus
Vishnu Das S/o Shri Tulsi Das – Respondent
JUDGMENT :
The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 349/2021 preferred by the respondent herein under Section 13A of the Hindu Marriage Act 1955, from learned Family Court No.1 Jodhpur Metropolitan, Jodhpur to the learned Addl. District Judge No.1, Nagaur
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 learned Chief Judicial Magistrate, Nagaur Thus it is prayed that application under Section 13A of Hindu Marriage Act may also be transferred to Addl. District Judge No.1, Nagaur.
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 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 is residing.
5. Having regard to the facts and ci
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 main legal point established in the judgment is the importance of considering the residence of the wife in determining jurisdiction in matrimonial cases, as provided in Section 19 of the Hindu Ma....
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.
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