Ruchi @ Divyanshi Dave vs Pooran Bohra

Vinod Kumar Bharwani, J

The present Transfer Application has been filed by the petitioner with the prayer that the Civil Original Case No. 81/2021 pending before the Additional District Judge, Bali, District Pali may be transferred to Family Court, Sirohi.

Learned counsel for the petitioner submits that the respondent has filed a petition against the petitioner under Section 13 of the Hindu Marriage Act before the Additional District Judge, Bali, District Pali. He further submits that the petitioner is living at Sirohi and as she is not having sufficient source of income to bear traveling expenses, therefore, the Civil Original Case No. 81/2021 pending before the Additional District Judge, Bali, District Pali may be transferred to Family Court, Sirohi.

Heard learned counsel for the parties and perused the material available on record.

It is not in dispute that the petitioner is staying at Sirohi and she is not having sufficient means of income to bear traveling expenses, and as the Hon’ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani Vs. Jitesh Kishore Tolani reported in 2010 (1) WLC (SC) 705 has observed that in the matrimonial proceeding instituted by the husband against the wife, the convenience of the wife has to be considered in contesting the suit and accordingly, the matrimonial proceedings ought to be transferred where the wife was residing.

Looking to the facts and circumstances of the case and the reasons mentioned in the transfer Application, the same is allowed. It is ordered that Civil Original Case No. 81/2021 pending in the court of Additional District Judge Bali, District Pali titled as ‘Pooran Bohra Vs Ruchi @ Divyanshi’ be transferred to the Family Court, Sirohi.

The Additional District Judge, Bali District Pali is directed to send the record of the case to the Family Court, Sirohi.