Rajasthan High Court - Jaipur
Smt. Nikki Hada @ Teena Hada W/O Kuldeep ... vs Kuldeep Singh S/O Shree Bhagirath Singh ... on 1 December, 2020
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 239/2019
Smt. Nikki Hada @ Teena Hada W/o Kuldeep Singh D/o Shri
Virendra Singh Hada, Aged About 28 Years, B/c Rajput, House
No. 22 Pratap Nagar Iind Borkhera, Kota District Kota (Raj) Mob.
No. 9462531273
----Petitioner
Versus
Kuldeep Singh S/o Shree Bhagirath Singh Khangarot, B/c Rajput,
Resident Of Vivekanand Colony, Devli, Tehsil Devli, District Tonk
Rajasthan Mo.no. 7737822559
----Respondent
For Petitioner(s) : Mr. B.L. Dhakar, Adv. through V.C. For Respondent(s) : Mr. Vijay Poonia, Adv. through V.C. HON'BLE MR. JUSTICE INDERJEET SINGH Order 01/12/2020 Instant Transfer Application has been filed by the applicant- wife for transferring the Divorce Petition Case No.53/2019 (Kuldeep Singh Vs. Smt. Nikki Hada alias Teena) under Section 13 of the Hindu Marriage Act,1955 pending in Family Court, Tonk to Family Court, Kota.
Counsel for the applicant-wife 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, Kota, 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 Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap (Downloaded on 02/12/2020 at 09:19:51 PM) (2 of 2) [CTA-239/2019] 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 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 Case No.53/2019 pending in the Family Court, Tonk to Family Court, Kota.
The Transfer Application is accordingly allowed. The Divorce Petition Case No.53/2019 pending in the Family Court, Tonk is transferred to the Family Court, Kota.
(INDERJEET SINGH),J JYOTI /10 (Downloaded on 02/12/2020 at 09:19:51 PM) Powered by TCPDF (www.tcpdf.org)