ANSHU BHATNAGAR Vs. RAJENDRA BHATNAGAR

JUDGEMENT

(1.) The petitioner, Anshu Bhatnagar, has filed this transfer application for getting the divorce petition filed by the respondent, Rajendra Bhatnagar, pending in the Family Court, Jodhpur, transferred to the Family Court No.2, Jaipur.

(2.) Mr. Dhanesh Saraswat, the learned counsel for the petitioner, has pleaded that the marriage between the petitioner and the respondent was solemnized on 02.07.2006 at Jaipur. Ever since then, the parties were residing at Jaipur and presently the petitioner is residing with her elderly parents at Jaipur. Out of the wedlock, a son was born at Jaipur who continues to reside with the petitioner at Jaipur. While the petitioner has filed a criminal case under Section 406 IPC at Jaipur, the respondent has filed a petition under Section 13 Hindu Marriage Act for divorce before the Family Court, Jodhpur. According to the learned counsel, since the petitioner has a small child, aged three and a half years old, and since the petitioner is residing with her elderly parents at Jaipur, she finds it extremely difficult to attend the proceedings at the Family Court at Jodhpur. Hence, her prayer that the divorce petition filed by the respondent before Family Court, Jodhpur be transferred to the Family Court No.2 at Jaipur.

(3.) On the other hand, Mr. M.K. Trivedi, the learned counsel for the respondent, has vehemently contended that Section 21A of the Hindu Marriage Act deals with power to transfer petitions in certain cases. According to him, the present case does not fall within the scope of Section 21A. Secondly, the High Court situated at Jodhpur is the Principal Seat, while Jaipur has a Bench of the High Court.