Case Note & Summary
The dispute arose from a transfer petition filed by the petitioner-wife, Abhilasha Gupta, seeking to transfer a divorce petition initiated by the respondent-husband, Harimohan Gupta, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, from the Court of the Additional District and Sessions Judge in Susner, Madhya Pradesh, to the Family Court in Kota, Rajasthan. The divorce petition, numbered H.M. Case No. A-130 of 2019, was pending adjudication. The petitioner-wife argued for transfer based on convenience, while the respondent-husband opposed it, highlighting that the proceedings were at an advanced stage, with his evidence concluded and only the wife's testimony remaining. The legal issue centered on whether the transfer should be granted considering the stage of proceedings and the convenience of the parties. The respondent-husband's counsel contended that the distance between the wife's residence and the Kota court was less than 200 kilometers and offered to pay commuting expenses to expedite the case. The court analyzed the facts, noting that the divorce petition was advanced, with the last hearing on August 6, 2021, adjourned due to a stay order from July 20, 2021. The court also referenced a previous order from October 14, 2019, where the wife had requested transportation charges. In its reasoning, the court emphasized the advanced stage of the proceedings as a key factor, declining to allow the transfer petition. However, to address the wife's convenience, the court directed the husband to pay Rs. 4,000 per hearing for transportation charges. The decision dismissed the transfer petition, vacated the interim stay order, and disposed of the matter with the financial directive.
Headnote
A) Family Law - Transfer of Proceedings - Convenience and Stage of Proceedings - Hindu Marriage Act, 1955, Section 13(1)(ia) - Petitioner-wife sought transfer of divorce petition from Madhya Pradesh to Rajasthan for convenience - Court considered advanced stage of proceedings in Madhya Pradesh where husband's evidence concluded and wife's testimony pending - Held that transfer not warranted due to advanced stage, but directed husband to pay transportation charges to facilitate wife's appearance (Paras 1-3).
Issue of Consideration
Whether the divorce petition pending before the Additional District and Sessions Judge, Susner, Madhya Pradesh should be transferred to the Family Court at Kota, Rajasthan
Final Decision
Transfer petition dismissed; respondent-husband directed to pay Rs. 4,000 per hearing to petitioner-wife for transportation charges; interim order dated 20.07.2021 vacated
Law Points
- Transfer of proceedings under inherent powers
- consideration of convenience and stage of proceedings
- financial assistance for litigation expenses
