Smt. Sharda Kanwar @ Bhanwar ... vs Virendra Singh Shekhawat S/O Shri ...
2021 Latest Caselaw 185 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Transfer Application No. 168/2019

Smt. Sharda Kanwar @ Bhanwar Kanwar W/o Shri Virendra
Singh D/o Shri Ganga Singh, Aged About 32 Years, B/c Rajput,
Resident Of Village Motlawas, Tehsil Dataramgarh, District Sikar
(Raj) Parental Home-Village Madpura, Tehsil Khinvsar, Distt.
Nagaur, At Present House/plot No. 34/48, Nagnechya, Nandri,
Jodhpur (Raj)
                                                                  ----Petitioner
                                   Versus
Virendra Singh Shekhawat S/o Shri Laxman Singh, Aged About
35 Years, R/o Village Motlawas, Tehsil Dataramgarh, District
Sikar (Raj)
                                                                ----Respondent

For Petitioner(s) : Mr. Ambrish Vashishtha. For Respondent(s) : Mr. A.S. Shekhawat.

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.143/2019 (Virendra Singh Vs.

Smt. Sharda) pending in the Family Court, Sikar to the Family

Court, No.1, Jodhpur.

Counsel for the applicant-wife 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 Family Court

No.1, Jodhpur 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

(2 of 2) [CTA-168/2019]

Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap

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 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.143/2019 pending in the

Family Court, Sikar to the court Family Court No.1, Jodhpur.

The Transfer Application is accordingly allowed. The case

No.143/2019 pending in the Family Court, Sikar is transferred to

the Family Court No.1, Jodhpur.

(INDERJEET SINGH),J

MG/15

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