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MADAN GOPAL VYAS
Priyanka Shekhawat W/o Pallavraj Singh – Appellant
Versus
Pallavraj Singh Rathore S/o Kuldeep Singh – Respondent
JUDGMENT :
The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 87/2020 preferred by the respondent herein under Section 13-A of the Hindu Marriage Act 1955, from Court of the Addl. District & Sessions Judge No.1, Nimbaheda, District Chittorgarh to the Family Court No.1, Jaipur Metropolitan, Jaipur.
2. Learned counsel for the petitioner submits that the petitioner has already initiated proceedings against the respondent at Jaipur. Thus it is prayed that application under Section 13-A of Hindu Marriage Act may also be transferred to Family Court No.1, Jaipur Metropolitan, Jaipur. Learned counsel for the petitioner has also relied upon the order dated 28.8.2019 passed by the coordinate Bench of this Court in SB Civil Transfer Application No.112/2015 (Smt. Gayatri Devi Vs. Raghuveer Singh) and other connected matters whereby this Court transferred as many as 103 cases filed by the husband under Hindu Marriage Act while relying upon the judgments of the Hon’ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay & Ors reported in (2001) 10 SCC 41 and other judgments of the Hon’ble Supreme Court.
3. Learned cou
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.
The main legal point established in the judgment is the importance of considering the residence of the wife in determining jurisdiction in matrimonial cases, as provided in Section 19 of the Hindu Ma....
The court established that in matrimonial disputes, the convenience of the parties and the consolidation of related cases in one jurisdiction are paramount considerations for transferring cases.
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