Prashant Pathak vs Smt. Tapsya Sharma

Bela M. Trivedi, J.—The present petition has been filed by the petitioner-husband seeking transfer of the divorce petition being No. 62/2011 from the Court of District Judge, Bundi to the Family Court, Kota. It is submitted by the learned counsel Mr. Dhanraj Bhaskar for the petitioner that the respondent-wife has filed the divorce petition against the petitioner-husband at the District Court, Bundi, however the petitioner is staying at Kota and it is very inconvenient for the petitioner to go to the Bundi on every date of hearing. He fairly submitted that the application filed by the petitioner u/s 9 of the Hindu Marriage Act has already been dismissed by the Family Court, Kota. However, the learned counsel Mr. Eliyas Ali appearing for the respondent submitted that the distance between Bundi to Kota is hardly about 35 kilometers and that apart from the divorce petition, other criminal cases filed by the respondent against the petitioner u/s 498-A of Cr.P.C. are pending in the Court at Bundi.

Having regard to the submissions made by the learned counsels for the parties, it appears that the divorce petition has been filed by the respondent at the District Bundi, of which the petitioner is seeking transfer at the Family Court, Kota. However, having regard to the fact that distance between Bundi and Kota is not very far and also the fact that the other proceedings u/s 498-A Cr.P.C. are also pending at the Court at Bundi, there is no reason to transfer the divorce petition from the Court at Bundi to the Court at Kota. There being no substance in the present petition, the same deserves to be dismissed, and is accordingly dismissed.