'Petitioner Being Working Woman Has Multiple Duties To Perform & Will Face Difficulties To Travel Long Distance With Minor Children', Rajasthan HC Allows Transfer Plea

The court ordered that the Civil Original Case No. 73/2020 pending before Additional District Judge – Family Court, Chirawa, Jhunjhunu be transferred to the Family Court, Bhilwara.

While observing that comparatively more inconvenience will be caused to the petitioner if case is not transferred from Chirawa, Jhunjhunu to Bhilwara, Justice Rameshwar Vyas ruled,

"Petitioner is a lady, who will face difficulties to travel for long distance with her minor children. As per the version of the learned counsel for the petitioner, there is no one in the family who can look after her children in the absence of mother. Great inconvenience will be caused to minor children of the petitioner, if the petitioner leaves her children at Bhilwara. Petitioner being a working woman has multiple duties to perform. Other litigation between the parties are pending at Bhilwara."

The court pursued the facts and stated that the petitioner is a working woman and mother of two minor children and is presently posted at Sinhana, Chittorgarh. The court noted that the Respondent – husband has filed the application under Section 9 of Hindu Marriage Act for restitution of conjugal rights against the petitioner – wife in the Court of Additional District Judge – Family Court, Chirawa, Jhunjhunu, which is far away from Bhilwara. The court observed that the record also revealed that an application seeking declaring the marriage between the parties null and void is also pending in the Family Court, Bhilwara.

Further, the court ruled,

"Let the parties shall appear before the Family Court, Bhilwara on 7.4.2022 and thereafter, the Family Court, Bhilwara would regulate the hearing. A copy of this order be sent to the Additional District Judge - Family Court, Chirawa, Jhunjhunu as well as Family Court, Bhilwara for information and necessary compliance."

The plea stated that there is constant threat perception in her mind that the respondent may cause harm either to the petitioner or her children and parents. The plea also states that, therefore, it is very difficult for the petitioner to appear and contest the case pending before the Court at Chirawa, Jhunjhunu, as she resides at Bhilwara and works at Chittorgarh. The plea added that the children of the petitioner are minor and require constant attention of the petitioner as there is no one else in the family to look after them. Petitioner cannot leave her children alone even for a single day and attend the case at Chirawa, Jhunjhunu, added the plea.

The counsel for the respondent submitted that transfer petition filed by the petitioner cannot be allowed only on the ground that she is a lady and inconvenience will cause her to travel from Bhilwara to Chirawa, District Jhunjhunu. He also submitted that the petitioner would be paid expenses for her travelling and stay at Chirawa.

Case Title: Anju Boyal v. Ravindra Kumar

Citation: 2022 LiveLaw (Raj) 98