SMT. LALITA CHOHLA Vs. ROHIT SAMARIA

JUDGEMENT

(1.) The applicant/wife has preferred the instant transfer application i.e. S.B. Civil Transfer Application Number 112 of 2014 (Smt. Lalita Chohla v. Rohit Samaria), with a prayer for transfer of the proceedings instituted under Section 13 of the Hindu Marriage Act being Application Number 833 of 2014 (Rohit Samaria v. Smt. Lalita Chohla), pending before the Family Court Number 2, Jaipur, to Family Court at Sikar, District Sikar.

(2.) The connected transfer application i.e. S.B. Civil Transfer Application Number 88 of 2015 (Rohit Samaria v. Smt. Lalita Chohla), has been preferred by the non-applicant/husband (Rohit Samaria), with a prayer for transfer of the proceedings instituted by the applicant/wife, pending before the Family Court at Sikar, District Sikar, to the Family Court No.2, Jaipur.

(3.) Learned counsel for the applicant/wife vehemently argued that on account of matrimonial discord, the non-applicant/husband, harassed and tortured the applicant/wife and ultimately, deserted her. The applicant/wife, therefore, had to live with her parents at Fatehpur, District Sikar (Raj.). It is further urged that the applicant/wife is working as Government Teacher at Government Secondary School, Mandela, Bara at Fatehpur, District Sikar (Raj.), and it will be very inconvenient for the applicant/wife to attend the proceedings before the Family Court No.2, Jaipur, which have been instituted by the non-applicant/husband. Learned counsel would further urge that the distance between Fatehpur to Jaipur by bus/train is near about 200 km and the applicant/wife has also suffered some health problem on account of miscarriage. In support of his submissions, reliance has been placed on the opinion of the Hon'ble Supreme Court in the case of Smt. Kalpana Deviprakash v. Dr. Deviprakash Thakkar: (1996) 11 SCC 96, Smt. T. Gayatri Devi v. Dr. Tallepaneni Sreekanth: 2013 SCC On-Line 693, decided on 5th August, 2013; Nishapriya v. R.J. Sathish Kumar: II (2014) DMC 97 (SC) and Pratibha Kumari v. Mukesh Kumar Singh: 1 (2014) DMC 546 (SC).