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YOGENDRA KUMAR PUROHIT
Shipra Lamba – Appellant
Versus
Abhishek Choudhary – Respondent
| Table of Content |
|---|
| 1. petitioner seeks transfer of marriage case. (Para 1 , 3) |
| 2. convenience of wife is paramount in transfer. (Para 2 , 7) |
| 3. distance and difficulties constitute grounds for transfer. (Para 4 , 5) |
| 4. respondent opposes transfer application. (Para 6) |
| 5. transfer application is granted. (Para 8) |
ORDER :
Yogendra Kumar Purohit, J. - The petitioner-wife has filed the instant civil transfer application seeking transfer of Case No. 44/2022 " Abhishek Choudhary v. Smt. Shipra Lamba " preferred by the respondent-husband under section 13 (1) (A) of the HINDU MARRIAGE ACT pending in the Court of Additional District Judge, Nathdwara, District Rajsamand to the Family Court No.1, Jaipur.
2. Heard learned counsel for the parties and perused the material available on record.
3. Learned counsel for the petitioner submitted that the marriage between the petitioner-wife and respondent-husband was solemnized on 08.02.2015 at Jaipur as per the Hindu rites & Customs and out of the wedlock, one male child was born who is residing with the petitioner. Since the petitioner-wife was harassed and treated with cruelty in connection with demand of dowry, therefore, she lodged an FIR No.294/2021 at Mah
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.
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