Narendra Kumar Chandel S/O Shri ... vs Srishti Banswal D/O Shri Kishan ...
2023 Latest Caselaw 1625 Raj/2

[2023/RJJP/001880]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Transfer Application No. 45/2021

Narendra Kumar Chandel S/o Shri Doulat Ram Chandel, Aged
About 47 Years, R/o Ward No. 17, Keshorai Patan District Bundi
(Rajasthan)- 323601.
                                                                       ----Petitioner
                                       Versus
Srishti Banswal D/o Shri Kishan Lal Khatik, R/o Plot No. 57,
Subash Nagar N.e.b. Alwar Near Aggrasen Circle Tehsil Alwar
District    Alwar    Currently          Working         As     Assistant      Engineer
(Electrical) In Jaipur Vidyut Vitran Nigam Limited Kali Mori Power
House Alwar, Rajasthan-301001 Mob. No. (9414014570)
                                                                     ----Respondent

For Petitioner(s)            :     Ms. Chitra Goel
                                   Mr. Narendra Kumar Chandel, present
                                   in person
For Respondent(s)            :     Mr. Amin Ali with
                                   Mr. Mohan Choudhary



               HON'BLE MR. JUSTICE SAMEER JAIN

                                        Order

06/02/2023

1. The present transfer application has been filed by the

applicant-husband under Sections 24 r/w 22 of the Code of Civil

Procedure, 1903, seeking transfer of Divorce Petition

No.3215/2020 (titled as Srishti Banswal Vs. Narendra Kumar

Chandel), filed by respondent-wife under Section 13A of Hindu

Marriage Act, 1955 (in short "HMA"), from learned Family Court

Alwar to court of learned Additional District and Sessions Judge

(Family Court), Bundi.

2. Mr. Narendra Kumar Chandel, present in person. It is

submitted that the marriage between the parties was solemnized

[2023/RJJP/001880] (2 of 3) [CTA-45/2021]

on 06.02.2010. Out of the wedlock, two daughters were also born.

The applicant-husband is currently unemployed and has no source

of income. Further, the applicant-husband suffers from fatigue

which hinders his capacity to travel long distances. The application

under Section 9 of HMA filed by the applicant-husband was also

allowed in favour of the applicant-husband and the Divorce

Petition filed by the respondent-wife was only filed with the sole

purpose of defeating the execution of Section 9 application.

3. Per contra, learned counsel for the respondent-wife

submits that even the earlier applications filed by the applicant-

husband were transferred to Alwar, where the respondent-wife,

along with her two daughters, is residing. Learned counsel further

submits that the respondent-wife is working as Assistant Engineer

(Electrical) in JVVNL Kali Mori Power House, Alwar (Rajasthan).

The respondent-wife is solely responsible for the care and

upbringing of her minor daughters and it would not be possible for

her to leave her daughters and her job behind to contest the

divorce case in Bundi, if the present application is allowed.

4. Considering the arguments advanced by both the sides,

considering that the respondent-wife has the custody of the minor

daughters and is living with them in Alwar; that the earlier

applications/matters were also transferred to Alwar where the

respondent-wife is residing; that the respondent-wife is working

as AEN in Alwar; and relying upon the judgments of the Hon'ble

Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik

Sha: Civil Appeal No.4894/2022, Sumita Singh Vs. Kumar

Sanjay & Ors.: AIR 2002 SC 396, Rajni Kishor Pardeshi Vs.

Kishor Babulal Pardeshi: (2005) 12 SCC 237, and Vaishali

[2023/RJJP/001880] (3 of 3) [CTA-45/2021]

Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap: AIR 2016

SC 3584, this Court does not deem it appropriate to allow the

present transfer application.

5. However, considering that the applicant-husband is

financially deprived with no source of income, the respondent-wife

is directed to pay a cost of Rs. 1000 to the applicant-husband, on

every occasion that the applicant-husband is required to appear

before the Family Court, Alwar. The said cost be paid to the

applicant-husband in the Family Court itself.

6. It is expected that the Family Court, Alwar shall dispose

of the matter as expeditiously as possible, preferably within the

prescribed time period stipulated in HMA.

7. The transfer application is accordingly disposed of.

Pending applications, if any, stands disposed of.

(SAMEER JAIN),J

JKP/2

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