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MADAN GOPAL VYAS
Sapna Paliwal D/o Shri Radhey Shyam Paliwal – Appellant
Versus
Ganpat Lal S/o Shri Champa Lal Paliwal – 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. 31/2022 preferred by the respondent herein under Section 9 of the Hindu Marriage Act 1955, from the Family Court, Balotra to Family Court, Bhilwara.
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 Family Court, Bhilwara. Thus it is prayed that application under Section 9 of Hindu Marriage Act may also be transferred to Family Court, Bhilwara.
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
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.
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