NEERJA GUPTA Vs. RAJESH GUPTA

JUDGEMENT

(1.) THROUGH this C.M., the prayer by Smt. Dr. Neerja Gupta is for the transfer of the divorce case titled Dr. Rajesh Gupta v. Dr. Neerja Gupta from the court of Additional District Judge, Jind to some other court of competent jurisdiction near Abohar, District Ferozepur. It is stated that Dr. Rajesh Gupta (husband) filed petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by decree of divorce at Jind. She went to Jind on two occasions to attend the hearings of this divorce petition where she was harassed at the hands of the respondent and his relations. It is further stated that his 3 maternal uncles are practising at Jind. They command a lot of influence in the District Bar, Jind. One of their relations is a senior judicial officer in the State of Haryana. It is stated that she has apprehension that she would not get fair trial at Jind because of the influence being wielded by them in the District Bar, Jind. It is further stated that there is lot of inconvenience which she has to undergo in attending the hearing of this case of Jind because, of the intervening distance between Abohar and Jind. She has to start a day earlier to reach Jind on the date of hearing. After attending the hearings of this case, she has to spend another day in journey Distance between Jind and Abohar is more than 250 kms. She is in govt. service. She cannot be away from job for as many times as the hearings of the case last. She has a small child. In her absence, the child will remain unattended. It is further stated that he has now filed another petition for divorce against her on the ground of desertion. He means only to harass her. If she is to attend the hearings of this case at Jind, she will be put to more harassment.

(2.) WITHOUT going into the question whether she will or she will not be able to have fair trial at Jind, suffice it to say, she is a lady and has a child. Abohar is at a distance of more than 250 kms. from Jind. It is hazardous for a woman to travel. If this case is withdrawn from the Jind court and is transferred to some court which is at a lesser distance from Abohar her convenience will be promoted. Hon'ble Supreme Court in Neelam Kanwar v. Devinder Singh Kanwar, 2000(4) All Instant Judgments (SC) 129 has observed that the petitioner is a lady and first respondent is a male and, therefore, convenience wise, a transfer to the place where the lady is residing would be preferred by this Court unless it is shown that there are special reasons not to do so. Hon'ble Supreme Court looking to the convenience of the wife transferred the case from the court of Chief Judicial Magistrate, Chandigarh to the Court of Chief residency Magistrate, Mumbai where the wife was putting up.

(3.) HUSBAND was operated upon for removal of stones in his kidney and he will not be able to undertake long and arduous journey on that account. Looking to the entire pros and cons, this case is ordered to be withdrawn from the court of Additional District Judge-I, Jind and is transferred to the Court of Additional District Judge-I, Mansa. Parties shall appear before the learned Additional District Judge-I, Mansa on 12.2.2001. Learned Additional District Judge-I, Jind will send the file complete in all respects to the court of Additional District Judge, Mansa. Disposed of. Copy of this order be given dasti. Civil Misc allowed.