Rajasthan High Court
Smt. Dimplekanwar Rajawat W/O ... vs Pavitra Singh S/O Shri Rajendra ... on 25 November, 2021
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 39/2020
Smt. Dimple Kanwar Rajawat W/o Shri Pavitra Singh D/o Bharat
Singh, aged about 25 Years, Currently residing at Karoli House, Near
Vivek Vihar Metro Station, New Sanganer Road, Sodala, Jaipur
----Petitioner/applicant
Versus
Pavitra Singh S/o Shri Rajendra Singh, aged about 26 Years, R/o
Dhovda, Tehsil Hindoli, District Bundi Currently Constable Army
SLAPO, Bandipura, Kashmir (India)
----Respondent/non-applicant
For Petitioner(s) : Mr. Rajesh Kumar Sharma, Advocate
For Respondent(s) : Mr. Mamoon Khalid, Advocate
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
Date of Order ::: 25th November, 2021
By the Court :
Instant transfer application under Section 24 of the Code of
Civil Procedure, 1908 has been preferred on behalf of the petitioner-
wife seeking transfer of the Divorce Petition bearing No.316/2019 titled
as Pavitra Singh Vs. Smt. Dimple Kanwar Rajawat, filed under Section
13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act
of 1955') by the respondent-husband from the Family Court, Bundi to
the Family Court, Jaipur.
Learned counsel appearing for the petitioner-wife submits
that the respondent-husband had filed a divorce petition under Section
13 of the Act of 1955 at Family Court, Bundi by not taking into
consideration the fact that the petitioner-wife is residing in Jaipur only
(2 of 3) [CTA-39/2020]
with an intention to harass and humiliate her. Counsel further submits
that admittedly, the petitioner-wife is presently residing in Jaipur at her
parental home and it is difficult for her to attend the proceedings of the
case filed by the respondent-husband before the learned Family Court
at Bundi. Lastly, counsel prays that the pending divorce petition
No.316/2019 may be transferred from the learned Family Court, Bundi
to Family Court, Jaipur.
During the course of arguments, the learned counsel
appearing for the respondent-husband, has strongly opposed the
transfer application and submitted that the petitioner-wife has filed the
present application without having any reason to transfer the divorce
petition from the Family Court, Bundi to the Family Court, Jaipur. Hence,
the transfer application may kindly be dismissed.
In support of his submissions, learned counsel appearing for
the respondent-husband, has placed reliance upon the case of Anindita
Das Vs. Srijit Das, reported as (2006) 9 SCC 197.
While dismissing the transfer application filed by the
petitioner-wife, Hon'ble Apex Court in the case of Anindita Das
(supra) has held as under :-
"Even otherwise, it must be seen that at one stage this Court
was showing leniency to ladies. But since then it has been
found that a large number of transfer petitions are filed by
women taking advantage of the leniency taken by this Court.
On an average at least 10 to 15 transfer petitions are on Board
of each Court on each admission day. It is, therefore, clear that
leniency of this Court is being misused by the women."
I have considered the submissions made by learned counsel
appearing for the parties as well as perused the material made available
on record and the judgment cited herein above.
It is a well settled legal position that while going into the
merits of a transfer application, the Courts are required to give more
(3 of 3) [CTA-39/2020]
weightage and consideration to the convenience of the female litigants,
and transfer of legal proceedings from one Court to another should
ordinarily be allowed taking into consideration their convenience and
the Courts should desist from putting female litigants under undue
hardships. In such type of matters, the convenience of the wife is to be
preferred over the convenience of the husband.
Admittedly, the petitioner is presently residing in Jaipur at
her parental home, as per address mentioned in the memo of the
transfer application as well as in the divorce petition filed by the
respondent-husband under Section 13 of the Act of 1955 (Annexure-1).
Hence, it is difficult for the petitioner to attend the proceedings of the
case at Family Court, Bundi. Furthermore, the respondent-husband is
serving in the Indian Army and presently, he is posted as Constable,
SLAPO, Bandipura Kashmir, therefore, it would also be convenient to the
respondent-husband to attend the proceedings at Jaipur rather than at
Bundi.
In view of above discussion, the present transfer application
filed by the petitioner-wife is allowed and the divorce petition bearing
No.316/2019 titled as Pavitra Singh Vs. Smt. Dimple Kanwar Rajawat
pending before the Family Court, Bundi is ordered to be transferred to
the Family Court, Jaipur.
The parties shall appear before the Family Court, Jaipur on
21.12.2021.
The Family Court, Bundi is directed to remit the record of
divorce petition bearing No.316/2019 titled as Pavitra Singh Vs. Smt.
Dimple Kanwar Rajawat, to the Family Court, Jaipur forthwith.
Pending applications, if any, also stand disposed of.
(CHANDRA KUMAR SONGARA),J.
ASHOK/
Powered by TCPDF (www.tcpdf.org)
