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SAMEER JAIN
Sangita – Appellant
Versus
Sudeep – Respondent
JUDGMENT :
(Sameer Jain, J.)
The present transfer application has been filed by the applicant-wife under section 24 of CPC seeking transfer of Application No. 19/2021 titled as ' Sudeep Kumar v. Smt. Sangita ', filed by respondent-husband under section 9 of HINDU MARRIAGE ACT , 1955 (in short "HMA"), from the Upper District & Session Judge Shri Dungar Garh-Bikaner to Family Court Jaipur.
2. In pursuance of order dated 05/01/2023 assistance was provided to the Court by learned Senior Counsel Sh. Ajeet Kumar Bhandari.
3. Facts of the case are that the marriage of the applicant and respondent was solemnized on 23/06/1999 at Churn. The parties have been living separately since 2020. The respondent-husband filed an application under Section 9 of HMA in the Court of Dungar Garh, District Bikaner in February of 2021. The applicant-wife filed an application under section 23 of the Protection of Women From Domestic Violence Act, 2005 (for short "DV Act") at Jaipur Metro-II, Jaipur seeking maintenance of Rs.50,000/-per month. One FIR was also filed by the applicant-wife against the respondent in Police Station Mahila Thana, Jaipur (West), Jaipur for offence under Sections 498A, 406,323,314,1
The court established that transfer applications must be filed in the appropriate jurisdictional bench as per the territorial division of the High Court.
Point of law: In matters relating to transfer of a case from one district to another, it is to be noticed that if the case is pending before a Court which is within the specified area of Oudh only in....
High Courts have the authority under Section 24 of the Civil Procedure Code to transfer proceedings to subordinate courts, prioritizing parties' convenience and children's interests.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
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