The Madhya Pradesh High Court ruled that the Petitioner (wife) did not make out any case of hardship or inconvenience.
Further, the Respondent (husband) has agreed to bear the travelling expenses of the Petitioner. It was also observed that the Petitioner did make an appearance before the Trial Court without any protest.
Hence, the transfer petition filed by the wife was rejected by the High Court.
Brief Facts:
The present petition has been field by the wife (Petitioner) seeking transfer of the case pending adjudication.
Contentions of the Petitioner:
It was submitted that the husband (Respondent) filed a petition under Section 13 of the Hindu Marriage Act which was pending adjudication.
The Petitioner had after matrimonial disputes filed a petition under Section 125 of the Code of Criminal Procedure, 1973 which was also pending.
A Section 9 of the Hindu Marriage Act application filed by the Respondent was also pending before the Court.
It was submitted that Petitioner has been placed in an inconvenient position as the distance that she has to travel for courts is 320 km approximately and she was no keeping well also.
Contentions of the Respondent:
It was submitted that the case was not required to be transferred and that the Petitioner has entered an appearance before the Trial Court without any demur or protest.
Observations of the Court:
It was observed that the Petitioner did make an appearance before the Trial Court without any protest.
It was noted that the Petitioner did not make out any case of hardship or inconvenience. Further, the Respondent has agreed to bear the travelling expenses of the Petitioner.
The decision of the Court:
Based on the aforementioned reasons, the transfer petition was rejected accordingly.
Case Title: Sunaina Vishwakarma v. Vijay Kumar & Anr.
Coram: Hon’ble Justice Maninder S. Bhatti
Case No.: Misc. Civil Case No. 2653 of 2019
Advocate for Applicant: Adv. Ms. Sunanda Kesharwani
Advocate for Respondents: Adv. Shri Dheeraj Kumar Tiwari
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