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 circumstances of the case, this Court deems it appropriate to transfer the petition under Section 13A of the Hindu Marriage Act from Family Court No.1 Jodhpur Metropolitan, Jodhpur to the Addl. District Judge No.1, Nagaur.

6. The transfer petition is allowed accordingly.

7. It is ordered that the Civil case No.349/2021 under Section 13A of the Hindu Marriage Act 1955, pending before the Family Court No.1 Jodhpur Metropolitan, Jodhpur be transferred to the Addl. District Judge No.1, Nagaur.

8. The learned Family Court No.1 Jodhpur Metropolitan, Jodhpur is directed to send the record of the case to Addl. District Judge No.1, Nagaur.

9. Both the parties are directed to appear before Addl. District Judge No.1, Nagaur on 9.10.2023

10. Learned Addl. District Judge No.1, Nagaur is directed to expedite the trial of the case.