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2023 Supreme(Raj) 822

MADAN GOPAL VYAS
Krishna Joshi W/o Shri Mahendra Saraswat – Appellant
Versus
Mahendra Saraswat S/o Shri Prahlad Rai Saraswat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Narendra Singh Rajpurohit.

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. 206/2023 preferred by the respondent herein under Section 13 of the Hindu Marriage Act 1955, from the Family Court No. 1, Bhilwara to the court of learned Addl. District Judge, Parbatsar, District 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 court of Addl. Chief Judicial Magistrate, Parbatsar, District Nagaur. Thus it is prayed that application under Section 13 of Hindu Marriage Act may also be transferred to the court of learned Addl. District Judge, Parbatsar, District Nagaur.

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 is re

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