Lalita A. Ranga Vs. Ajay Champalal Ranga
EmailAppeal: Transfer Petition (C) No. 301 of 1999
Petitioner: Lalita A. Ranga
Respondent: Ajay Champalal Ranga
Apeal: Transfer Petition (C) No. 301 of 1999
Judges: S.B. MAJMUDAR & D.P. MOHAPATRA, JJ.
Date of Judgment: Jan 13, 2000
Head Note:
Constitution Law
Article 139 – Matrimonial Dispute – Transfer Petition – Petitioner wife residing in Jaipur with small child – Transfer of divorce petition filed by respondent husband at Bombay Court – Wife seeking transfer on grounds of difficulties in travelling to Bombay to attend proceedings – Notice of Transfer Petition served on respondent – No appearance by respondent either in person or through representative. Held Divorce petition ordered to be transferred to the Family Court at Jaipur.
Article 139 – Matrimonial Dispute – Transfer Petition – Petitioner wife residing in Jaipur with small child – Transfer of divorce petition filed by respondent husband at Bombay Court – Wife seeking transfer on grounds of difficulties in travelling to Bombay to attend proceedings – Notice of Transfer Petition served on respondent – No appearance by respondent either in person or through representative. Held Divorce petition ordered to be transferred to the Family Court at Jaipur.
JUDGEMENT:
ORDER
1. We have seen the affidavit filed by the learned counsel for the petitioner showing that all the necessary papers including the notice issued by this Court were served on the respondent through his local advocate at Bombay M/s. Joy Legal Consultants. In view of this affidavit it appears that the respondent is already served through his duly authorised agent so far as these proceedings are concerned. No one has appeared today in these proceedings on behalf of the respondent. Hence, having heard learned counsel for the petitioner and in the facts and circum-stances of this case we deem it fit to grant this Transfer Peti-tion looking to the difficulties faced by the petitioner-wife to contest these proceedings at Bombay when she is stationed at Jaipur. She is having a small child also with her. Therefore, it is obvious that it will be difficult for her to go all the way from Jaipur to Bombay to contest the proceedings from time to time.
2.The Transfer Petition is accordingly allowed. Divorce Petition No. A-833 of 1998 titled Ajay Champalal Ranga v. Mrs. Lalita A. Ranga shall stand transferred from the Family Court Bandra in Mumbai to the Family Court at Jaipur for proceeding further in accordance with law.
3.No costs.
1. We have seen the affidavit filed by the learned counsel for the petitioner showing that all the necessary papers including the notice issued by this Court were served on the respondent through his local advocate at Bombay M/s. Joy Legal Consultants. In view of this affidavit it appears that the respondent is already served through his duly authorised agent so far as these proceedings are concerned. No one has appeared today in these proceedings on behalf of the respondent. Hence, having heard learned counsel for the petitioner and in the facts and circum-stances of this case we deem it fit to grant this Transfer Peti-tion looking to the difficulties faced by the petitioner-wife to contest these proceedings at Bombay when she is stationed at Jaipur. She is having a small child also with her. Therefore, it is obvious that it will be difficult for her to go all the way from Jaipur to Bombay to contest the proceedings from time to time.
2.The Transfer Petition is accordingly allowed. Divorce Petition No. A-833 of 1998 titled Ajay Champalal Ranga v. Mrs. Lalita A. Ranga shall stand transferred from the Family Court Bandra in Mumbai to the Family Court at Jaipur for proceeding further in accordance with law.
3.No costs.
