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RAJASTHAN HIGH COURT
Sudesh Bansal, J.
Hemlata Sharma - Appellant
Versus
Sanbhav Sharma - Respondent
Civil Transfer Appeal No. 165 of 2021
Decided On : 14-12-2021
TRANSFER PETITION - DIVORCE PROCEEDINGS - The court addressed the transfer of a divorce petition from Family Court, Pali to Family Court, Jaipur, considering the convenience of the petitioner-wife who resides in Jaipur with a young child. The court highlighted the importance of accessibility in legal proceedings and allowed the petitioner to participate through a legal representative until further orders, ensuring her rights are protected while the transfer is considered.
Fact of the Case:
The petitioner-wife sought to transfer a divorce petition filed by the respondent-husband from Family Court, Pali to Family Court, Jaipur, citing inconvenience due to her residence in Jaipur and the presence of her two-year-old child.
Finding of the Court:
The court acknowledged the petitioner's circumstances and the inconvenience posed by the current location of the divorce proceedings, allowing her to participate through a legal representative while the transfer request is considered.
Issues: Whether the divorce petition should be transferred from Family Court, Pali to Family Court, Jaipur based on the petitioner's convenience and circumstances.
Ratio Decidendi: The court emphasized the need for accessibility in legal proceedings, particularly for parties with children, and the importance of allowing participation in a manner that does not impose undue hardship on the petitioner.
Result: The court issued a notice to the respondent regarding the transfer petition and permitted the petitioner-wife to appear through a legal representative until further orders, with a stay on the commencement of trial until issues are framed.
JUDGMENT
Sudesh Bansal, J. - This transfer petition has been filed by the petitioner-wife for seeking transfer of divorce petition filed by the respondent- husband from Family Court, Pali to Family Court, Jaipur.
2. From the perusal of record it appears that before filing this divorce petition respondent-husband also filed one application No.200/2019 under Section 9 of Hindu Marriage Act and against this application petitioner filed one writ petition wherein the further proceedings of application under Section 9 of Hindu Marriage Act have been stayed.
3. Counsel for the petitioner is directed to place the relevant documents of writ petition before this Court.
4. Counsel for the petitioner submits that at present the petitioner-wife is residing at Jaipur and having two years old baby, therefore, it is highly inconvenient for her to contest the divorce petition at Pali and as such the petitioner-wife has filed the present application for seeking transfer of the divorce petition to the Family Court, Jaipur.
5. Heard.
6. Issue notice to the respondent, returnable within eight weeks.
7. Notices be filed in two sets. One set of notice be sent through registered post and another by way of ordinary course.
8. In the meanwhile and until further order, petitioner-wife is allowed to appear before the Family Court, Pali through her legal representative/next friend to participate in the proceedings. However, after framing of issues, the trial of the divorce petition shall not be commenced.
The court established that the convenience of the parties, especially in family law matters involving children, is a significant factor in determining the venue for legal proceedings.
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 has the discretion to allow transfer petitions based on the facts and circumstances of the case, considering the convenience and fairness for both parties.
In the larger interest of justice, the court can order the transfer of a case while also directing the conduct of proceedings to ensure effective participation of both parties and expeditious resolut....
The main legal point established in the judgment is the interpretation of the discretionary and mandatory nature of transfer provisions under Section 24 of CPC and Section 21A of the Hindu Marriage A....
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