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(2022) Law Today Live Doc. Id. 17250 = 2023(1) L.A.R. 225
Decided on: 14.11.2022
For Petitioner(s):
Mr. Saurabh Trivedi, AOR
For Respondent(s):
Ms. Padma Priya, Adv. Mr. Rishabh Sancheti, Adv. Mr. K. Paari Vendhan, AOR
Code of Civil Procedure, 1908 (V of 1908), Section 25 -- Hindu Marriage Act, 1955 (25 of 1955), Section 13A -- Transfer of divorce petition – Jaipur to Dehradun -- Petitioner-wife seeks transfer of the case mainly on the ground of her precarious mental health condition and her inability to travel from Dehradun to Jaipur which is about 530 Kms away, to attend the proceedings of the case filed by the respondent-husband -- Taking into consideration the hardships which are likely to be faced by the petitioner-wife transfer petition allowed.
(Para 1-5)
ORDER
1. The petitioner – wife seeks transfer of Divorce Application No.927 of 2020, titled as “Abhinav Gupta vs. Shalini Gupta”, filed by the respondent – husband under Section 13A of the Hindu Marriage Act, 1955 seeking a decree of divorce against her. The aforestated case is pending before the Family Judge No.1, Jaipur City, Jaipur, Rajasthan and the petitioner – wife seeks transfer of the same to the Court of Principal Family Judge, Family Court at Dehradun, Uttarakhand.
2. Taking into consideration the fact that the differences between the parties could be amicably resolved through the aegis of the Supreme Court Mediation Centre, the parties were directed to appear before the Supreme Court Mediation Centre on 28.09.2022 at 11.00 A.M. vide order dated 01.09.2022. However, as per the Mediation Report dated 29.09.2022, the parties could not arrive at an amicable settlement and hence the mediation has failed.
3. The petitioner - wife seeks transfer of the case mainly on the ground of her precarious mental health condition and her inability to travel from Dehradun to Jaipur which is about 530 Kms away, to attend the proceedings of the case filed by the respondent – husband.
4. Heard learned counsel for the parties and carefully perused the material placed on record.
5. Taking into consideration the hardships which are likely to be faced by the petitioner – wife in contesting the case at Jaipur, Rajasthan, we deem it appropriate to allow the instant petition.
6. The Transfer Petition is, accordingly, allowed and Divorce Application No.927 of 2020, titled as “Abhinav Gupta vs. Shalini Gupta”, filed by the respondent – husband under Section 13A of the Hindu Marriage Act, 1955, is ordered to be transferred to the Court of Principal Family Judge, Family Court at Dehradun, Uttarakhand. The records be forwarded to the Transferee Court forthwith.
7. As a sequel thereto, pending interlocutory application also stands disposed of.
Petition allowed.
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