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MANOJ KUMAR GARG
Nanda – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
Manoj Kumar Garg, J. - The present transfer petition has been filed by the petitioner-wife with the prayer that the Complaint Case No.12/2019 for offence under Section 494 R/w Section 109 IPC, pending before learned Judicial Magistrate, Marwar Junction, District Pali may be transferred to learned Judicial Magistrate, Jodhpur Metro.
2. Counsel for the petitioner-wife argued that the respondent-husband has filed a complaint against the petitioner-wife bearing Complaint Case No.12/2019 for offence under Section 494 R/w Section 109 IPC, before learned Judicial Magistrate, Marwar Junction, District Pali. It is submitted that the petitioner is living at Jodhpur and certain matrimonial proceedings are also pending before the courts at Jodhpur between the petitioner and respondent. It is submitted that being a lady, it is very difficult for the petitioner to travel to Marwar Junction which is 90 km away from her residential place at Jodhpur, therefore, it is prayed that Complaint Case No. 12/2019 pending before learned Judicial Magistrate, Marwar Junction, District Pali may also be transferred to a Court at Jodhpur.
3. Per contra, counsel for the respondent No.2-husband has opposed the
The main legal point established is that in transfer applications under Section 24 CPC, the court will consider the balance of convenience and the interest of justice, taking into account the parties....
The court established that the balance of convenience and the potential hardship to the petitioner justified the transfer of the case under the Hindu Marriage Act.
In matrimonial proceedings, the convenience of the wife should be considered, and the proceedings may be transferred to the court where the wife is residing.
The convenience of the wife in matrimonial causes is a significant factor for considering transfer applications, and the economic soundness of both parties and their circumstances are crucial in ekin....
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