Rajasthan High Court
Urmila Devi W/O Shri Roshan Lal D/O ... vs Roshan Lal S/O Shri Bhagwan Sahai on 11 January, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 297/2019
Urmila Devi W/o Shri Roshan Lal D/o Shri Jagdish Prasad, Aged
About 22 Years, B/c Kharwal, R/o Gauri Ka Bass, Tehsil Chaomu,
District Jaipur Presently R/o Aaspura, Post Chhapuda Kalan, Via
Shahpura, District Jaipur (Rajasthan)
----Petitioner
Versus
Roshan Lal S/o Shri Bhagwan Sahai, Aged About 25 Years, B/c
Kharwal, R/o Gauri Ka Bass, Govindgarh Chomu, District Jaipur
(Rajasthan)
----Respondent
For Petitioner(s) : Mr. V.K. Jangid.
For Respondent(s) : Mr. Neeraj Joshi.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
11/01/2021
Instant Transfer Application has been filed by the applicant-
wife for transferring the case No.56/2019 (Roshan Lal Vs. Smt.
Urmila Devi) pending in the Family Court and Additional District &
Sessions Judge, Chomu, Jaipur to the court of Additional District
Judge, Shahpura District Jaipur Rural.
Counsel for the applicant-wife submits that two other cases
are pending between the parties within the judgeship of Jaipur.
Counsel further submits that the applicant-wife being lady,
therefore, the comparative hardship is more to the applicant-wife
and if the matter is transferred to the Additional District Judge,
Shahpura District Jaipur Rural then no hardship would be caused
to the respondent-husband.
In support of the contention counsel relied upon the
judgment passed by the Hon'ble Supreme Court in the matter of
Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap
(2 of 2) [CTA-297/2019]
reported in (2016) 14 Supreme Court Cases 356 where in para
No.5 it has been held as under:-
"5. Admittedly, the distance between Mumbai
and Barshi is around 400 Km. Four cases between
the parties are pending at Barshi. Apparently, the
comparative hardship is more to the appellant
wife. This aspect of the matter, unfortunately, the
High Court has missed to to note of."
Counsel for the non-applicant-husband has opposed the
application/prayer.
Heard counsel for the parties and perused the record.
Considering the facts and circumstances of the present case
and also considering the fact that two other cases are pending
between the parties within the judgeship of Jaipur and further the
fact that the applicant-wife is a lady and the comparative hardship
is more to the applicant-wife, I deem it just and proper to transfer
the case No.56/2019 pending in the Family Court and Additional
District & Sessions Judge, Chomu, Jaipur to the court of
Additional District Judge, Shahpura District Jaipur Rural.
The Transfer Application is accordingly allowed. The case
No.56/2019 pending in the Family Court and Additional District &
Sessions Judge, Chomu, Jaipur is transferred to the court of
Additional District Judge, Shahpura District Jaipur Rural.
(INDERJEET SINGH),J
MG/19
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