Rajasthan High Court - Jaipur
Smt. Kirti Parwani @ Veena W/O Shri ... vs Sanjay Parwani S/O Shri Ramesh Parwani, ... on 23 November, 2020
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 132/2019
Smt. Kirti Parwani @ Veena W/o Shri Sanjay Parwani D/o Gopal
Das Tekchandani, By Caste Hindu Sindhi, Aged About 24 Years,
R/o 1094/21, Bada Peer Road, Shiksha Khan, Ajmer (Raj.)
----Petitioner
Versus
Sanjay Parwani S/o Shri Ramesh Parwani, By Caste Hindu
Sindhi, R/o 267/275, Pratap Nagar, Sanganer, Tehsil Sanganer,
District Jaipur (Raj.)
----Respondent
For Petitioner(s) : Mr. Sanjay Gangwar, Adv. For Respondent(s) : Mr. J.K. Moolchandani, Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH Order 23/11/2020 Instant Transfer Application has been filed by the applicant- wife for transferring the Divorce Petition No.260/2018 (Sanjay Parwani Vs. Smt. Kirti Parwani @ Veena) pending before the Family Court No.2, Jaipur to the Family Court, Ajmer.
Counsel for the applicant-wife submits that one other criminal case is pending between the parties within the judgeship of Ajmer. Counsel further 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, Ajmer 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 Vaishal (Downloaded on 25/11/2020 at 10:01:17 PM) (2 of 2) [CTA-132/2019] 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 one other criminal case is pending between the parties within the judgeship of Ajmer 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 Divorce Petition No.260/2018 pending in the Family Court No.2, Jaipur to the Family Court, Ajmer.
The Transfer Application is accordingly allowed. The Divorce Petition No.260/2018 pending before the Family Court No.2, Jaipur is transferred to the Family Court, Ajmer.
(INDERJEET SINGH),J JYOTI /7 (Downloaded on 25/11/2020 at 10:01:17 PM) Powered by TCPDF (www.tcpdf.org)