Transfer Application No. 20/08-Smt. Minal Dhadda Vs. Shailendra Dhadda. - Order dt.22.9.08 1/2 S.B. CIVIL MISC. TRANSFER APPLICATION NO.20/2008 Smt. Minal Dhadda Vs. Shailendra Dhadda. Date of order : 22nd September, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. C.P. Soni for the applicant. Mr. Hedar Aga for the respondent. --------- 1. Heard learned counsels. 2. By this transfer application, the petitioner-wife has sought transfer of divorce application filed by the respondent- husband at Jodhpur i.e. Civil Original Case No.345/2006 – Shailendra Dhadda Vs. Smt. Minal Dhadda pending in the Family Court, Jodhpur. 3. Learned counsel for the petitioner-wife submits that though the marriage in question took place in Jodhpur on 20.6.1995 but the parties are living separately for last more than 3 years and it would be highly inconvenient for the petitioner-wife to attend the hearing at Jodhpur and, therefore, the proceedings of the said divorce petition may be transferred to Jaipur, where she is residing with her parents. He also submitted that petitioner-wife could not remain present in Court today despite directions of this Court due to unavoidable reasons. 4. On the side opposite, Mr. Hedar Aga submits that the petitioner-wife was under medical treatment of Dr. Mahaveer Jain and Dr. Rajdan, who are Psychiatrists. On the basis and on account of mental sickness of petitioner-wife, it is not possible for the Transfer Application No. 20/08-Smt. Minal Dhadda Vs. Shailendra Dhadda. - Order dt.22.9.08 2/2 petitioner-husband to take her in matrimonial home. Therefore he was constrained to file divorce petition which is pending trial in the Family Court, Jodhpur. He further submits that mere inconvenience to the petitioner-wife is not a sufficient ground for transferring the proceedings and since Jaipur is well connected with Jodhpur by road transport and train transport, it cannot even be said that there any inconvenience would be caused to the petitioner-wife. He further submits that since lawyers are representing both the parties in Family Court, Jodhpur, it is only for recording of statement of the petitioner- wife that she may be required to give her presence once or twice. 5. Having heard learned counsels and in the facts and circumstances of this case, this Court does not find any sufficient ground to transfer the proceedings of divorce application i.e. Civil Original Case No.345/2006 from Family Court, Jodhpur to Jaipur. 6. The transfer application is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.12 babulal/-