Dr. Renu Gautam vs Rajeev Mandrawal

Lok Pal Singh, J

Civil transfer application, under section 24 of C.P.C., has been filed on behalf of the applicant seeking transfer of O.S. No. 343 of 2019, Rajeev Mandrawal vs. Smt. Dr. Renu Gautam, from the court of Principal Judge, Family Court, Dehradun, filed under section 13 of the Hindu Marriage Act, 1955 to the court of Family Judge at Pauri Garhwal or in the court of Incharge Family Court/Family Judge, Rudraprayag District Rudraprayag.

Facts, in brief, are that marriage between applicant and respondent was solemnized on 29.09.2011 as per the Hindu rites and rituals. From their wed-lock, a male child, namely, Master Purvansh was born. At the time of marriage, respondent was working in Ericsson Global Services and applicant was working on contract basis and continue her study and got selected as Assistant Professor and appointed in Government Post Graduate College Augustmuni, District Rudraprayag. On selection of the applicant as Assistant Professor, the dispute between applicant and respondent was cropped up, respondent also came to know about the illicit relationship of the applicant then both of them decided to live separately, as it is not possible for them to continue with marriage. Consequently, parties decided to file an application under section 13-B of Hindu Marriage Act 1955 (hereinafter referred as the Act) in the court of Family Judge, Dehradun seeking decree of divorce by mutual consent. On first motion, parties remained present and date of second motion was fixed. On second motion, respondent remained present but applicant did not turn up, so the decree of divorce be passed in the case. Consequently, Family Judge, Dehradun dismissed the divorce petition. Thereafter, respondent constrained to file divorce petition before the Principal Judge, Family Court Dehradun. Notices were issued to the applicant and date was fixed for conciliation between the parties. On receipt of notice, the applicant did not appear before the Principal Judge, Family Court for conciliation or to file her written statement. She opted to file this transfer application before this Court. Having considered the grounds raised in the transfer petition, this Court had issued notice to the respondent calling his reply, stayed further proceedings of the case and also fixed the matter for mediation.

Parties along with their counsels were present in the Court and they were sent before the Mediation Center but parties could not reach to an amicable settlement.

A counter affidavit has been filed by the respondent stating therein that applicant is living in adultery and when this fact came into the knowledge of the respondent, then applicant herself agreed to file divorce petition by mutual consent and have filed divorce petition under section 13-B of the Act for dissolution of marriage, but the applicant did not appear on the second motion, so decree of divorce be passed and marriage between them be dissolved. As, applicant did not appear on second motion, the divorce petition got dismissed by order dated 03.04.2019.

Serious allegations have been leveled against the applicant. Opportunity was granted to the applicant to file reply to the objections filed by the respondent and to rebut the allegations made by him against the applicant. Despite opportunity to the applicant, she did not refute the allegations made against her.

Heard learned counsel for the parties.

On perusal of the transfer application, it would reveal that applicant is posted as Assistant Professor in Government Post Graduate College, Augustmuni District Rudraprayag and blessed with male child who is studying in nursery class. In the application, it is contended that it is not possible for the applicant to attend the Court at Dehradun as she is having a small child on her lap and she is also a working lady and prayed that the case may be transferred as it would be hardship to her if she would attend the court at Dehradun and it would be convenient for her either to attend the Court at Pauri Garhwal or Rudraprayag. Thus, prayer has been made to transfer the case from the Court of Principal Judge, Family Court Dehradun to the court of Family Judge at Pauri Garhwal or the Incharge Family Judge, Rudraprayag District Rudraprayag.

In the counter affidavit, it is contended that applicant has illicit relationship with her mentor under whose supervision she had completed her Ph.D Degree and when the matter came before the counseling, she had admitted the allegations made against her by the respondent and also made statement that she will not commit such mistake in future but still she is living in adultery. It is further contended that respondent got tortured at every level by the applicant. Further, applicant has concealed the material fact from this Court that divorce petition by mutual consent was filed by the parties.

The only ground taken by the applicant in the transfer application is that she is having a child of three years of age thus she would face inconvenience to attend the court at Dehradun. Further, the material fact that earlier a divorce petition, by mutual consent, had been filed by the parties has been suppressed by the applicant from this Court. Concealment/suppression of material fact disentitles the applicant from the discretionary relief of this Court. Furthermore, the applicant who is highly educated lady and working as Assistant Professor in Government Post Graduate College, District Rudraprayag, would attend her class, leaving her son alone at her house or in school. She would also may attend the functions, conferences or other places, on that occasions she would also has to make arrangements either to take child with her or left him with someone who will look-after her child. Thus, inconvenience as pleaded in the transfer application, on the ground that applicant is having a small child is not tenable.

This Court has to consider the comparative hardship to both the parties. Respondent, who has already suffered a lot by the act of applicant and is litigating, seeking decree of divorce, will face greater hardship in comparison to applicant if case is transferred from the court of Principal Judge, Family Court, Dehradun, to any other place.

Having considered the case from the four corners of law, this Court is of the view that applicant failed to make out a case in her favour, so the case be transferred from the court of Principal Judge, Family Court, Dehradun to the court of Family Judge at Pauri Garhwal or the Incharge Family Judge, Rudraprayag District Rudraprayag. The transfer application is devoid of merit and is liable to be dismissed. Same is hereby dismissed. Interim order granted earlier stands vacated.

No order as to costs.