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KULDEEP MATHUR
Bhavna – Appellant
Versus
Abhishek Soni – Respondent
JUDGMENT
1. The present transfer petition has been filed by the petitioner- wife under Section 24 of the Code of Civil Procedure seeking transfer of divorce petition filed by the respondent-husband under Section 13 of Hindu Marriage Act, 1955 being Civil Misc. Case No. 92/2021 ("Abhishek Soni v. Smt. Bhavna") pending before the Court of learned Judge, Family Court, Chittorgarh to the court of learned Judge, Family Court, Ajmer.
2. Heard.
3. Learned counsel for the petitioner-wife submits that the marriage was solemnized between the petitioner and respondent on 05.03.2016 as per Hindu rites. It is pleaded that the petitioner wife has lodged FIR for offences under Sections 498A, 406, 323 of IPC which is pending before learned Judicial Magistrate, Vijaynagar, District Ajmer. It is further pleaded that the petitioner is having custody of minor female child. The distance from Chittorgarh to Ajmer is more than 250 Kms. Counsel has submitted that it is not practical for the petitioner-wife to travel alone with minor child to attend court proceedings at Chittorgarh. She will be put under great degree of hardship in defending the case being Civil Misc. Case No. 92/2021 ("Abhishek Soni v. Smt.
The central legal point established in the judgment is the importance of considering the convenience of female litigants and avoiding putting them under undue hardship when deciding on the transfer o....
Courts are required to give more weight and consideration to the convenience of the female litigants, and transfer legal proceedings from one court to another should ordinarily be allowed, taking int....
The court established that in transfer applications, the convenience of the female litigant is paramount, especially when she has caregiving responsibilities.
In matrimonial transfer petitions, wife's convenience prevails due to distance, minor child care, financial constraints without spousal support, prioritizing balance of convenience and justice.
The convenience of the female litigants and the factors to be considered in matrimonial disputes, as established in relevant judgments, are crucial in deciding the transfer of legal proceedings.
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