MAYA KUMARI Vs. PRAKASH KUMAR

JUDGEMENT

(1.) The present transfer application has been moved by the petitioner-wife seeking transfer of petition filed by the respondent- husband under Sec. 13 of the Hindu Marriage Act, 1955 being Civil Misc. Case No. 83/2018 (Prakash v. Smt. Maya Kumari) pending in the Family Court, Sirohi to the Family Court, Jalore, where the petitioner-wife is residing, by invoking Sec. 24 of the Code of Civil Procedure, 1908.

(2.) Learned counsel for the petitioner-wife submits that the petitioner is serving as a Teacher at Government Upper Primary School, Nagani, District Jalore. He further submits that because of the strained relationship in the marital life of the parties, various litigations are pending between them. The parents' of the petitioner-wife are old and infirm and there is no body other than the petitioner to look after and take care of them. It is further submitted that in the circumstances mentioned above, it is very difficult for the petitioner to attend the court proceedings before the Family Court at Sirohi.

(3.) The grounds raised as above for transfer of matrimonial matter has been time and again accepted as valid and justified grounds for transfer of case to the place where the wife is residing by this Court as well as by the Hon'ble Supreme Court in Sumita Singh v. Kumar Sanjay and Ors., reported in 2001 10 SCC 41; Sarkar (Shome) v. Pardip Sarkar [Transfer Petition (Civil) No. 622/2007 decided by Supreme Court on 10/11/2008] ; Manju Varma v. State of U.P. and Ors. [Civil Appeal No. 8290 of 2002 decided by the Supreme Court on 17/11/2004] and ; Arti Rani @ Pinki Devi v. Dharmendra Kumar Gupta, reported in 2008 9 SCC 353.