SAPNA PRAJAPAT Vs. MUKESH PRAJAPAT

JUDGEMENT

(1.) The present transfer applications preferred by the wife (SB Civil Transfer Petition No.164/2023) and husband (SB Civil Misc Transfer Application No.257/2022) are filed under Sec. 24 read with Sec. 151 of CPC. Since the issue in both the transfer petitions is same, therefore they are being decided by this common judgment.

(2.) Brief facts necessary for the disposal of transfer petitions are that the marriage between the parties was solemnized on 30/4/2015 according to Hindu rites and rituals at Pali. After marriage, the wife started living with her husband at Jodhpur. A girl child was born out of their wedlock in 2016. Certain differences arose between the couple and the husband filed an application under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (HMA, for short) for dissolution of marriage before the learned Family Court No. 1, Jodhpur Metropolitan on 17/2/2022. Subsequently, the wife preferred a divorce petition under Sec. 13 read with Sec. 25 of HMA before the learned Family Court, Pali on 25/3/2022. Both the parties have approached this Court praying for transfer of proceedings initiated by the other spouse to the place where their application is pending.

(3.) In SB Civil Transfer Petition No.164/2023- the wife prays that the Civil Case No.158/2022 preferred by the husband before the learned Family Court No.1, Jodhpur may be transferred to the Family Court, Pali as the divorce petition under Sec. 13 and 25 of the HMA filed by her is already pending adjudication before the learned Family Court, Pali.