This court allowed a transfer application under Section 24 CPC, directing a matrimonial petition under Section 13 of the Hindu Marriage Act to be shifted from Jaipur to Jodhpur based on the petitioner-wife's residence and convenience. A stay application was disposed of.
Transfer of Case No.2467/2023 from Family Court No.4, Jaipur Metro-I to Family Court No.3, Jodhpur Metro.
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[2023:RJ-JD:40059]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 214/2023
Neha W/o Madhur Gupta, Aged About 36 Years, D/o Shri Nawal Kishor Fatehpuriya, By Caste Agrawal, Presently Residing At 3-A, Grahshobha, Near Nasrani Cinema, Sardarpura, Jodhpur (Raj.).
----Petitioner
Versus
Madhur Gupta S/o Srhi Hemchand Gupta, Aged About 36 Years, By Caste Agrawal, Resident Of 598, Aacharya Kriplani Marg, Adarsh Nagar, Jaipur (Raj.).
----Respondent
For Petitioner(s) : Mr. Sudhir Sharma For Respondent(s) : Mr. Satish Pachori
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
21/11/2023
The present transfer petition under Section 24 of CPC has been preferred by the petitioner-wife for transferring the case No.2467/2023 (Madhur Gupta Vs. Smt. Neha) preferred by the respondent-husband herein under Section 13 of the Hindu Marriage Act, 1955, from Family Court No.4, Jaipur Metro-I to Family Court No.3, Jodhpur Metro.
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Magistrate No.1, Jodhpur Metro which are also pending and she has also filed an application under Section 125 Cr.P.C. in the Family Court No.3, Jodhpur which is also pending. Thus, it is prayed that application under Section 13 of the Hindu Marriage Act may be transferred from Family Court No.4, Jaipur Metro-I to Family Court No.3, Jodhpur Metro.
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(MADAN GOPAL VYAS),J
121-Bharti/-
2 issues framed by the court
Whether the matrimonial petition filed by the husband against the wife should be transferred from the court at the husband's residence to the court at the wife's residence.
Whether the convenience of the wife residing in a distant city warrants the transfer of pending matrimonial proceedings.
Colour shows how this judgement treated each authority
Vinisha Jitesh Tolani @ Manmeet Laghmani vs Jitesh Kishore Tolani 2010(1) WLC (SC) 705Referred¶21
2 provisions across 2 enactments
Neha W/o Madhur Gupta
Madhur Gupta
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Madan Gopal Vyas
Parties & counsel
