YOGENDRA KUMAR PUROHIT
Monika Kanwar – Appellant
Versus
Shimbhu Singh – Respondent
ORDER :
Mr. Yogendra Kumar Purohit, J. - The instant civil transfer application under section 24 of the CIVIL PROCEDURE CODE , has been filed by the petitioner-wife seeking transfer of Case No.680/2020 "Shimbhu Singh v. Smt. Monika Kanwar, preferred by the respondent-husband under section 13 of the HINDU MARRIAGE ACT for dissolution of marriage, pending in the Family Court No.1, Jodhpur to the Family Court, Churu.
2. I have heard learned counsel for the parties and perused the material available on record.
3. The marriage between the petitioner and the respondent was solemnized at Churu on 7.12.2013 as per Hindu rites and rituals. It is the case of the respondent-husband that after solemnization of the marriage, the petitioner-wife treated the respondent-husband with mental and physical cruelty and from last three years she has deserted him. The respondent-husband has, therefore, filed the aforesaid case under section 13 of the HINDU MARRIAGE ACT before the learned Family Court No.1, Jodhpur for dissolution of marriage solemnized between the parties on the ground of cruelty and desertion.
4. Learned counsel for the petitioner-wife submitted that the respondent-husband with a view to
Kulwinder Kaur @ Kulwinder Gurcharan Singh v. Kandi Friends Education Trust AIR 2008 SC 1333
N.C.V. Aishwarya v. A.S.Saravana Karthik Sha AIR 2022 SC 4318
Neelam Bhatia v. Satbir Singh Bhatia 2004 (13) SCC 436
In transfer applications, the convenience of the wife is to be preferred over the convenience of the husband, especially when the wife has no source of income and is residing with her parents.
The convenience and economic condition of the wife are crucial factors in considering the transfer of a matrimonial dispute/case, and the court should give more weightage and consideration to the con....
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