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SATISH KUMAR SHARMA
Poonam Srivastava – Appellant
Versus
Rambabu Sharma – Respondent
JUDGMENT
This transfer application has been filed under Section 24 of CPC seeking transfer of the case No. 155/2019 titled as Rambabu v. Poonam under Section 13 of Hindu Marriage Act pending in Family Court, Karauli to Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur.
Learned counsel for the petitioner-wife submits that the petitioner-wife is already prosecuting one case against the respondent-husband at Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur whereas the respondent-husband has filed the above Section 13 of Hindu Marriage Act application in Family Court, Karauli for seeking divorce from the petitioner-wife, which deserves to be transferred as prayed.
Learned counsel for the respondent has opposed the transfer application.
It is appropriate that considering the convenience of petitioner-wife, all the cases arising out of matrimonial dispute should be adjudicated by Court(s) situated at one place, therefore, the transfer application is allowed and the said case No. 155/2019 titled as Rambabu v. Poonam pending before Family Court, Karauli is ordered to be transferred from Family Court, Karauli to Additional District & Sessions Judge, Gangapurcity
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.
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 interpretation of the discretionary and mandatory nature of transfer provisions under Section 24 of CPC and Section 21A of the Hindu Marriage A....
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