SMT. JIGYASA GAUTAM Vs. GYAN PRAKASH GAUTAM

JUDGEMENT

(1.) The applicant-wife has instituted the present transfer application before this Court, with a prayer for transfer of the divorce proceedings instituted by the non-applicant husband, before the Family Court, Jhalawar to Family Court, Kota.

(2.) Learned counsel for the applicant-wife, reiterating the pleaded facts and grounds of the transfer application, argued that the marriage was solemnised at Kota and both the parties last resided at Kota, and therefore, the proceedings for divorce, instituted by the non-applicant-husband, ought to have been instituted before the Family Court, Kota, rather than Jhalawar.

(3.) It is further contended that on account of serious matrimonial discord and disputes between the parties; proceedings have been instituted by the applicant-wife for offence under Sec. 498A of Indian Penal Code. Another proceeding instituted claiming maintenance under Sec. 125 Crimial P.C., are aso pending at Kota. So also the case, instituted for domestic voilence, is pending at Kota, and therefore, no inconvenience will be caused to the non-applicant-husband, if the proceedings pending before the Family Court Jhalawar are transferred to Family Court, Kota.