NEHA SINGH Vs. SUNIL KUMAR

JUDGEMENT

(1.) The instant transfer application under Section 24 of the Code of Civil Procedure, 1908 has been preferred by the applicant-wife seeking transfer of the divorce petition filed under Section 13 of the Hindu Marriage Act, 1955 (afterwards referred to as the Act of 1955 ) for dissolution of marriage bearing CIS No. 138/2020 titled as Sunil Kumar Vs. Neha Singh from Family Court, Sikar to Family Court, Ajmer.

(2.) As per averments made in the application, the marriage between the applicant and the non-applicant was solemnized on 30.04.2012 at Sikar in accordance with Hindu rites; thereafter, both of them started living together as husband and wife at Sikar. The applicant came to be appointed on the post of Assistant Manager Scale I in Baroda Rajasthan Kshetriya Gramin Bank in the year 2016 and remained posted at Sikar upto October, 2020. The applicant resided with her in-laws at Sikar in her matrimonial home while she was posted at Sikar. Presently, she is working on the post of Manager Scale II in the Head Office of Baroda Rajasthan Kshetriya Gramin Bank at Ajmer and is residing there. The non-applicant and his parent started taunting at the applicant for extraneous reasons without any fault on her part. When the family situation at her matrimonial home became unbearable, applicant having no option submitted an application before the higher authorities of the Bank seeking her transfer from Sikar to Ajmer in the month of July, 2020. The applicant sought transfer under the belief that after her transfer from Sikar, the family situation will get normalized. The non-applicant after resigning from Modi Institute, Laxmangarh in the year 2017, has joined the multinational company at Jaipur. In the month of July, 2020, when the applicant sought transfer from Sikar to Ajmer, the nonapplicant with malafide intention filed the divorce petition under Section 13(1)(i-a)(i-b) of the Act of 1955 seeking dissolution of marriage before the Family Court, Sikar on the basis of false allegations on 28.07.2020. The father of the applicant is a retired employee of National Textile Corporation, a Public Sector Undertaking. In such circumstances, it is very difficult for the applicant to travel from Ajmer to Sikar to attend the family court proceedings as she has to take leave on each date of hearing. The applicant is suffering from back ache and has been advised to avoid jerks and travelling and therefore, it is very difficult and strenuous for the applicant to travel from Ajmer to Sikar from time to time for attending the court proceedings. Besides, the applicant has reasonable apprehension that her in-laws and husband can threaten and pressurize her while attending the court proceedings at Sikar. The non-applicant is serving at Jaipur and if the divorce petition filed by him is transferred to Family Court, Ajmer then, there will not be any harassment to him. The balance of convenience lies in favour of the applicant. On the above grounds, the present transfer petition has been filed by the applicant.

(3.) In reply, it is submitted that the applicant has not come before this Court with clean hands. She at her own will sought transfer from Sikar to Ajmer. While denying the allegations levelled against the non-applicant, it is submitted that the prescription slips are of suggestive nature to avoid excessive travelling. The prescription slips submitted by the applicant are fabricated documents. The applicant s family is permanent resident of Sikar City for last more than 40 years. The applicant was born in Sikar and studied in Sikar. Her grand-parents are having self built palatial house. The applicant also worked in BRKG Bank, Sikar from November, 2014 to October, 2020 without any fear from the non-applicant or his parents. It is also averred that the principle of convenience of Fora should not be left at the will of the parties. The interest of justice has to be paramount and unnecessary burden should not be put on husband to facilitate estranged wife. On these premises, the non-applicant-husband prayed to dismiss the transfer application filed by the applicantwife.