2010 Supreme(Raj) 1115
RAJASTHAN HIGH COURT
Vineet Kothari, J.
Pramila Kumari Sharma - Appellant
Versus
Shri Narayan Sharma - Respondent
S.B. Civil Misc. Transfer Petition No. 40 of 2009.
Decided On : 19-01-2010
Advocates:
For the Petitioner:Vishal Sharma, Advocate.
For the Respondent:Mahendra Pareek, Advocate.
Headnote:Civil Procedure Code, 1908 – S. 24 Transfer case – There was a matrimonial dispute due to which divorce petition was filed by the husband at location ‘A’ – The wife was residing at place ‘M’ with her parents and 3½ years old child – The wife pleaded that it is very inconvenient to travel for two hours on every date so as to come to place ‘A’ – The court took into account the fact and circumstances of the case and transferred the divorce petition of the husband to the district court of place ‘M’ – Thus, the application is allowed.
JUDGMENT
1. - By this transfer application, the petitioner-wife has sought transfer of case No.203/2009 - Narayan Sharma v. Pramila Kumari Sharma filed under Section 13 of the Hindu Marriage Act pending before the Family Court, Ajmer seeking transfer of the case to the learned District and Sessions Judge, Merta on the ground of convenience as she is living with her parents at Merta.
2. Learned counsel for the petitioner-wife Mr. Vishal Sharma submitted that the lady being alone having child of 31/2 years son Keshav has extreme difficulty to attend the hearing at Ajmer Court by undertaking a journey of 2 hours on each occasion. He also submits that she is unemployed and now will have to seek employment to earn her livelihood.
3. On the other hand, Mr. Mahendra Pareek, learned counsel appearing for the respondent-husband opposed the transfer application on the ground that the respondent-husband is also living at Vijay Nagar, District Ajmer and has to travel at Ajmer Court for attending hearing. Therefore, inconvenience to both the parties is of the same amount and mere convenience of the petitioner-wife is not ground to transfer the proceedings from the Court having competent jurisdiction over the case.
4. This Court had made efforts for reconciliation between the parties and the parties were also summoned in the Court and consultation were held in Chambers.
5. Learned counsels also made efforts for the same but the good sense does not seem to prevail on the husband. Therefore, this transfer application has to be decided on merits.
6. Having heard learned counsels and in view of the submissions made in the application and in view of the facts and circumstances of the case stated above, this Court considers expedient to transfer the proceedings of case No.203/2009 - Narayan Sharma v. Pramila Kumari Sharma pending in the Family Court, Ajmer to the learned District and Sessions Judge, Merta.
7. Accordingly, the transfer application is allowed and the record of the said case No.203/2009 may be sent to the learned District and Sessions Judge, Merta City, Merta. The said Court is requested to decide the matter expeditiously preferably within a period of six months from today.Application Allowed.
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