Deepshikha W/O Sh. Ygesh Jaiman, ... vs Yogesh Jaiman S/O Shri Suresh ...
2021 Latest Caselaw 46 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Transfer Application No. 92/2020

Deepshikha W/o Sh. Ygesh Jaiman, D/o Sh. Ved Prakash Udeiya,
Aged About 31 Years, R/o Neha Colony, Somnath Nagar, Dausa.
Presently R/o Opposite Of S.b.i. Bank, Dhakadpotha, Ward No.
24, Hindon City, Tehsil Hindon, Distt. Karauli.
                                                                  ----Petitioner
                                   Versus
Yogesh Jaiman S/o Shri Suresh Chand Sharma, R/o Neha Colony,
Somnath Nagar, Ganeshpura, Tehsil And Distt. Dausa.
                                                                ----Respondent

For Petitioner(s) : Mr. Neeraj Joshi, Adv. through V.C. For Respondent(s) : Mr. S.R. Choudhary, Adv. through V.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

05/01/2021

Instant Transfer Application has been filed by the applicant-

wife for transferring the Case No.58/2020 titled as (Yogesh Jaiman

Vs. Deepshikha) filed under Section 9 of Hindu Marriage Act

pending before the Family Court, Dausa to the court of Additional

District Judge No.1, Hindaun City, District Karauli.

Counsel for the applicant-wife submits that two other cases

are pending between the parties within the judgeship of Hindon

City, District Karauli and the applicant-wife being lady, therefore,

the comparative hardship is more to the applicant-wife and if the

matter is transferred to the court of Additional District Judge No.1,

Hindaun City, District Karauli, then no hardship would be caused

to the respondent-husband.

(2 of 2) [CTA-92/2020]

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

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 respondent-non-applicant 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 Hindon City, District

Karauli 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.58/2020 pending before

the Family Court, Dausa to the court of Additional District Judge

No.1, Hindaun City, District Karauli

The Transfer Application is accordingly allowed. The case

No.58/2020 pending before the Family Court, Dausa is transferred

to the court of Additional District Judge No.1, Hindaun City,

District Karauli.

(INDERJEET SINGH),J

JYOTI /11

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