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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Santosh Abhishek Solanki @ Santosh Choturam Ravivanshi – Appellant
Versus
Abhisek Prakash Solanki – Respondent
ORDER :
1. Read the office report dated 07th December, 2024.
2. The marriage between the petitioner, Santosh Abhishek Solanki @ Santosh Choturam Ravivanshi, and the respondent, Abhisek Prakash Solanki, was solemnized on 17th June, 2018. No child was born to the petitioner and the respondent from such wedlock. However, the parties have since drifted apart owing to differences arising by and between them.
3. The respondent has instituted proceedings for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, being Petition/A No.1480/2024 titled “Abhishek Prakash Solanki Vs. Santosh Abhishek Solanki @ Santosh Choturam Ravivanshi”, before the Family Court, Pune.
4. On the multiple grounds urged in the petition, the petitioner has sought for transfer of the aforesaid proceedings from the Family Court, Pune to the Family Court, Gurugram, Haryana.
5. We have heard Mr. Siddhant Sharma, learned counsel appearing for the petitioner as well as Mr. Chetan Anand, learned counsel appearing for the respondent.
6. We are satisfied, having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the Family Court, Pune, which is at a distance of around 13
The court allowed the transfer of divorce proceedings to ensure convenience and justice for the petitioner.
The court may allow the transfer of a case if valid and reasonable grounds, such as inconvenience and hardship for the petitioner, are presented.
The court emphasized the necessity of transferring proceedings for convenience and access to justice, particularly when the respondent does not contest the transfer.
The court has the authority to transfer family law proceedings to ensure convenience and justice for the parties involved, especially when significant hardship is present.
The court has the discretion to transfer a proceeding to another court based on the convenience and circumstances of the parties involved.
The court may allow the transfer of a case if the petitioner presents valid and justified grounds, and if the respondent does not rebut the averments made in the transfer application.
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