Transferring Divorce Petition dismissied

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Transfer Appl. No. 82 / 2017

Smt. Satveer Kaur
W/o Shri Amandeep Singh
D/o Shri Gurdeep Singh,
Aged About 30 Years,
By Caste Jat- Sikh, Resident of 2-N- 1, Sadbhawana Nagar, Sri Ganganagar —-Petitioner

Versus

Shri Amandeep Singh
S/o Shri Jagdeep Singh,
By Caste Jat- Sikh,
Resident of Chak 2 JJA, Tehsil Padampur District Sri Ganganagar—-Respondent

For Petitioner(s) : Mr C.S. Kotwani
For Respondent(s) : Mr D.S. Thind

HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR

Judgment 23/10/2017

This Transfer Application has been filed for transferring Divorce Petition No.149/2015 (Amandeep Singh v. Satveer Kaur) pending before Additional District Judge, Sri Karanpur, District Sri Ganganagar to the Family Court, Sri Ganganagar.

Briefly stated, the respondent husband preferred a petition under sec.13-A of the Hindu Marriage Act for divorce, before the Family Court, Sri Ganganagar on 01.07.2014. It was also contended therein that the parties married on 26.01.2013 and thereafter one son born out of the wedlock. It was also alleged that the respondent-wife was having illicit relation with some other and filed the divorce petition on the ground of cruelty.

It was contended that in the present case, the divorce petition was earlier preferred by the husband at Sri Ganganagar (2 of 3) [CTA-82/2017] but subsequently it was transferred to the court of Additional District Judge, Sri Karanpur. It was also contended that the petitioner being a lady, presently residing at Sri Ganganagar, having one small child, is not in a position to attend the court at Sri Karanpur on every date of hearing.

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The petitioner further submitted that a criminal complaint has also been filed against the respondent husband under secs.498A, 406 IPC, which is pending consideration at Sri Ganganagar and another criminal case under secs.494 IPC read with sec.109 IPC against the respondent husband is also pending consideration before Chief Judicial Magistrate, Sri Ganganagar; in which case cognizance has also been taken. The petitioner preferred an application for transfer of the Divorce Petition of respondent from Sri Karanpur to Sri Ganganagar, which was rejected by the learned District Judge, Sri Ganganagar vide its order dated 06.05.2017. Under these circumstances, the petitioner has preferred this petition and sought relief claimed for.

Notices of the application were issued to the respondent. After due service, power was filed on behalf of the respondent but no written reply has been filed.

Heard learned counsel for the parties.

In the present case, a Transfer Petition was filed earlier also, which was duly considered and rejected by the learned District Judge, Sri Ganganagar in view of transfer of matter to Sri Karanpur being made under order of the High Court. Moreover, Hon’ble Supreme Court in the case of Krishna Devi Nagam v. Harish Nagam: (2017) 4 SCC 150 observed that one can not (3 of 3) [CTA-82/2017] ignore the problem faced by a husband if proceedings are transferred on account of genuine difficulties faced by the wife. After elaborate elucidation in the context, Hon’ble Apex Court laid down certain guidelines for deciding transfer applications in matrimonial matters.

Having considered the facts & circumstances of present case, in light of judgment of Hon’ble Apex Court in Krishna Veni Nagam v. Harish Nagam (supra), the Transfer Application of petitioner is dismissed. However, the respondent husband is directed to pay travel expenses to the petitioner whenever she is required to attend proceedings of Divorce Petition before ADJ, Sri Karanpur.

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(DR. VIRENDRA KUMAR MATHUR)J.

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