LAWS(RAJ)-2023-10-119

PRIYANKA SHEKHAWAT Vs. PALLAVRAJ SINGH RATHORE

Decided On October 04, 2023
Priyanka Shekhawat Appellant
V/S
Pallavraj Singh Rathore Respondents

JUDGEMENT

(1.) The present transfer petition under Sec. 24 of CPC has been preferred by the petitioner-wife for transferring the case No. 87/2020 preferred by the respondent herein under Sec. 13-A of the Hindu Marriage Act 1955, from Court of the Addl. District & Sessions Judge No.1, Nimbaheda, District Chittorgarh to the Family Court No.1, Jaipur Metropolitan, Jaipur.

(2.) Learned counsel for the petitioner submits that the petitioner has already initiated proceedings against the respondent at Jaipur. Thus it is prayed that application under Sec. 13-A of Hindu Marriage Act may also be transferred to Family Court No.1, Jaipur Metropolitan, Jaipur. Learned counsel for the petitioner has also relied upon the order dtd. 28/8/2019 passed by the coordinate Bench of this Court in SB Civil Transfer Application No.112/2015 (Smt. Gayatri Devi Vs. Raghuveer Singh) and other connected matters whereby this Court transferred as many as 103 cases filed by the husband under Hindu Marriage Act while relying upon the judgments of the Hon'ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay & Ors reported in (2001) 10 SCC 41 and other judgments of the Hon'ble Supreme Court.

(3.) Learned counsel appearing for respondent opposed the prayer made by the learned counsel for the petitioner.