Dismissed

Neha Abrol v. Sunil Gupta

J&K HC7 Dec 2021TrP (C)/14/2020

Case brief

AI extract

What is this about?

The High Court of Jammu & Kashmir rejected the petitioner's application to transfer a matrimonial petition from Samba to Jammu. The court held that mere convenience or uncertainty of residence does not justify transfer unless there is genuine inconvenience, and distance between Samba and Jammu was insufficient.

What did the court decide?

Application for transfer of the petition from Samba to Jammu rejected; respondent directed to pay travel expenses if deemed fit.

Neha Abrol Vs Sunil Gupta — Matrimonial and Divorce | J&K HC (2021)

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Sr. No. 32

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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TrP (C) No. 14/2020 CM No. 2021/2020

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Neha Abrol

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…..Appellant(s)/Petitioner(s)

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Through: Mr. Sanjeev Kumar, Advocate.

.…. Respondent(s)

Sunil Gupta

Through: Mr. Vaibhav Gupta, Advocate.

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Coram: HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE

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ORDER

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The petitioner seeks transfer of the petition filed by the respondent under Section 13 of the Hindu Marriage Act from the court of the learned District Judge, Samba to the courts at Jammu on the ground that the petitioner is presently residing at Jammu and that the petitioner has also preferred petition under Section 125 Cr.P.C against the respondent in the court of Munsiff, Jammu.

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The objections to the application have been filed wherein it is submitted by the respondent that the petitioner is infact residing at Bishnah and not with her uncle in Jammu as mentioned in the petition. It is further submitted that the respondent is having back problem and is undergoing treatment at Vijaypur. In view of the same, the prayer is made for dismissal of the application.

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The learned counsel for the petitioner has submitted that convenience of the wife is required to be taken into consideration and not that of the husband while deciding the transfer application.

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The counsel for the other side has argued that no ground is made out for transfer of the case as prayed for.

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TrP (C) No. 14/2020

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It is evident from the petition that the petitioner has pleaded that she is not residing in her matrimonial house but is staying with her uncle in Muthi, Jammu as her mother cannot maintain her. No doubt, the convenience of the wife is one of the factors for the court to take into

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consideration while considering the plea for transfer of the case from one jurisdiction to another. However, there is no precedent in this regard. The wife cannot seek transfer of the case from one court to another unless there is genuine inconvenience in attending the case to the place from where she seeks to transfer the case. The plea raised in the petition that the petitioner is presently residing in Jammu appears to be only a cloak to get the case transferred from Samba to Jammu. Otherwise too, the distance between Jammu and Samba is not such which can be said to be inconvenient for the petitioner to attend the court at Samba. Similarly, the pendency of the petition filed by the petitioner before the court at Jammu is also no ground to transfer the case from Samba to Jammu.

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The application filed for transfer of the case is, accordingly, rejected as no good ground is made out for the same. However, the learned trial court can, if it so deems fit, direct the respondent to pay the travel expenses to the petitioner herein as and when she attends the court at Samba.

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Disposed of.

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(Puneet Gupta) Judge

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Jammu

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07.12.2021 Pawan Chopra

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PAWAN CHOPRA 2021.12.07 15:50 I attest to the accuracy and integrity of this document

Neha Abrol v. Sunil Gupta

Case brief

What is this about?

What did the court decide?

Neha Abrol v. Sunil Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

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