Poonam vs Sunil Pareek

The present transfer petition under Section 24 of CPC has been filed by the petitioner-wife for transfer of divorce petition bearing No. 48/2019 (Sunil

Pareek Vs. Smt. Poonam) filed by the respondent-husband, pending in the Court of Additional District Judge, Suratgarh, District Sri Ganganagar to the

Additional District Judge, Nohar, District Hanumangarh.

Learned counsel for the petitioner submits that the respondent has filed the divorce petition at Suratgarh with an intention to harass the petitioner.

Petitioner is a young lady of about 31 years. The parents of the petitioner are senior citizens and the brothers of the petitioner are self employed who

are living Nohar is about 150 Kms. and there is no availability of direct route either by roadways or railways. In these circumstances, it is very much

inconvenient for the petitioner to travel such a long distance. Apart from, it is also unsafe for a lady to travel alone such a long distance, therefore, in

these circumstances, the divorce petition pending at ADJ, Suratgarh may be transferred to the Court of Additional District Judge, Nohar.

On the other hand, learned counsel for the respondent filed reply to the application and submitted that the respondent is a

person with Locomotor disability whose right lower limb has been amputated and is suffering from 70% permanent physical disability in his right leg.

The children borne out of the wedlock of the petitioner and respondent are living with the respondent and they are pursuing studies at Sri Ganganagar.

The repeated visit by the respondent to attend the Court at Nohar not onlycause an undue hardship to the respondent but also have an adverse effect

on the studies of the children. Therefore, respondent prayed for dismissal of the application considering the physical disability of the respondent.

Heard learned counsel for the parties and perused the record.

During the course of arguments, both the parties agreed that the divorce petition filed by the respondent be transferred to the Family Court situated at

Hanumangarh because it will be convenient for them as the distance from their respective places more or less is same.

transfer the divorce petition to Family Court, Hanumangarh, as agreed by both the parties.

Accordingly, the present transfer petition is disposed of and the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act

bearing No. 48/2019 (Sunil Pareek Vs. Smt. Poonam) pending in the Court of Additional District Judge, Suratgarh, District Sri Ganganagar is ordered

to be transferred to the Family Court at Hanumangarh.

Both the parties are directed to remain present before the Family Court, Hanumangarh on 05.02.2020.