Raj HC | Convenience of the wife is to be preferred over the convenience of the husband in transfer petitions relating to matrimonial disputes

Rajasthan High Court: Chandra Kumar Songara J. allowed the petition of the wife-petitioner on the grounds of having a child, no source of income and residing with her parents.

The instant transfer application was filed under Section 24 of the Code of Civil Procedure, 1908 i.e. CPC on behalf of the petitioner wife seeking transfer of the Divorce Petition No.39/2020 filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘HMA1955’) by the respondent-husband from the Court of Additional District Judge, Kekri District Ajmer to the Family Court situated at Kota.

The Court observed that In the present case, the petitioner-wife is residing in Kota at her parental house. The petitioner-wife has a daughter, namely Vaidehi from her first husband. Presently, she is six years old and is being taken care of by the petitioner alone. The petitioner is a house-wife and she is not employed anywhere and has no source of income. The Kekri Court in Ajmer District is at a distance of more than 100 kms. from Kota. The daughter of petitioner is about six years old and parents of petitioner are too old.

The Court relied on judgments Sumita Singh v. Kumar Sanjay, AIR 2002 SC 396 and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi (2005) 12 SCC 237  and observed that while going into the merits of a transfer application, Courts are required to give more weightage and consideration to the convenience of the female litigants, and transfer of legal proceedings from one Court to another should ordinarily be allowed taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships. In such type of matters, the convenience of the wife is to be preferred over the convenience of the husband.

The Court thus held “the present transfer application filed by the petitioner-wife is allowed and case bearing No.39/2020 titled as Rajendra Prasad Sharma Vs. Smt. Ekta Dhadhich pending before the Court of Additional District Judge, Kekri District Ajmer is ordered to be transferred to the Family Court, No.1, Kota.”

[Ekta Dhadhich v. Rajendra Prasad Sharma, S.B. Civil Transfer Application No. 72/2021, decided on 30-09-2021]


Arunima Bose, Editorial Assistant has reported this brief.


Appearances

For Petitioner(s): Mr. Abhishek Bhardwaj

For Respondent(s): Mr. Arnav Singh

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