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2023 Supreme(Raj) 1226

MADAN GOPAL VYAS
Sapna Prajapat W/o Mukesh Prajapat – Appellant
Versus
Mukesh Prajapat S/o Sh. Ganesh Ram Prajapat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dinesh Vishnoi for Mr. JVS Deora
For the Respondent: Mr. Ramesh Kumar Prajapat

JUDGMENT :

The present transfer applications preferred by the wife (SB Civil Transfer Petition No.164/2023) and husband (SB Civil Misc Transfer Application No.257/2022) are filed under Section 24 read with Section 151 of CPC. Since the issue in both the transfer petitions is same, therefore they are being decided by this common judgment.

2. Brief facts necessary for the disposal of transfer petitions are that the marriage between the parties was solemnized on 30.04.2015 according to Hindu rites and rituals at Pali. After marriage, the wife started living with her husband at Jodhpur. A girl child was born out of their wedlock in 2016. Certain differences arose between the couple and the husband filed an application under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (HMA, for short) for dissolution of marriage before the learned Family Court No. 1, Jodhpur Metropolitan on 17.02.2022. Subsequently, the wife preferred a divorce petition under Section 13 read with Section 25 of HMA before the learned Family Court, Pali on 25.03.2022. Both the parties have approached this Court praying for transfer of proceedings initiated by the other spouse to the place where their application i

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