AARTI Vs. AMRIT KUMAR

JUDGEMENT

(1.) This transfer application has been filed by the petitioner under Sec. 24 of CPC for transferring the case No.45/2024 titled as Amrit Vs. Aarti filed by the respondent-husband under Sec. 13{(1)(1 A and B)} of Hindu Marriage Act, 1955 from Additional District and Session Judge No.1 Rajgarh District Churu. Learned counsel for the petitioner-wife submits that the petitioner is a wife and it is well settled that convenience of the wife is paramount consideration for deciding the matrimonial disputes. Hence, the petition filed by the respondent under Sec. 13{(1)(1 A and B)} of Hindu Marriage Act be transferred from Additional District and Session Judge No.1 Rajgarh District Churu to Family Court, Tonk.

(2.) On the other hand, learned counsel for the respondent submits that the petitioner-wife is working as a Principal and presently posted in Government Senior Secondary School Benatha Jogalia, Block Bidasar, District Churu. Learned counsel further submits that even otherwise out of their wedlock, two girls born and both the girls despite being minor, are residing with the respondent-husband. Thus, the petition filed by the respondent- husband under Sec. 13{(1)(1 A and B)} of Hindu Marriage Act should not be transferred from Additional District and Session Judge No.1 Rajgarh District Churu to Family Court, Tonk. Heard learned counsel for the parties and perused the material available on record.

(3.) There is no doubt true that the petitioner-wife is working as a Principal in Government School at Churu. It is also not in dispute that out of their wedlock, two girls born and they are presently residing with the respondent-husband. In this view of the matter, I find no ground to transfer the petition filed by the respondent- husband under Sec. 13{(1)(1 A and B)} of Hindu Marriage Act from Additional District and Session Judge No.1 Rajgarh District Churu to Family Court, Tonk. For the aforesaid reason, the transfer application being bereft of any merit, is liable to be dismissed, which stands dismissed accordingly.