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2023 Supreme(Raj) 828

MADAN GOPAL VYAS
Nisha Rajpurohit W/o Shailendra Kumar – Appellant
Versus
Shailendra Kumar S/o Rajendra Singh Rajpurohit – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Virendra Acharaya.
For the Respondent: N.S. 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. 217/2022 preferred by the respondent herein under Section 9 of the Hindu Marriage Act 1955, from the court of Addl. District Judge No. 1, Barmer to Family Court, Bikaner.

2. Learned counsel for the petitioner submits that the application under Section 13(1) of the Hindu Marriage Act preferred by the petitioner is pending before the Family Court, Bikaner. Thus it is prayed that application under Section 9 of Hindu Marriage Act may also be transferred to Family Court, Bikaner

3. Learned counsel appearing for respondent opposed the prayer made by the learned counsel for the petitioner. It is submitted that the petitioner is a government teacher and is discharging her duties at Government Secondary School, Solankiyon Ki Dhani, Mahabar, Tehsil and District Barmer and therefore, the application under Section 9 of the Hindu Marriage Act may not be transferred from Barmer to Bikaner as at present she is residing at Barmer.

4. In rejoinder, learned counsel appearing for the petitioner submits that though the petitioner is now transferred

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