The Single Bench of the Delhi High Court in the case of Smt. Sarita Joshi vs Ravindra Bhushan Joshi consisting of Justice Dinesh Kumar Sharma held that wife’s convenience must be seen more while transferring a petition in the matrimonial disputes.
Facts
This transfer petition was filed by the petitioner-wife for transfer of petition titled as “Sh. Ravindra Bhushan Joshi v. Smt. Sarita Joshi” pending before the Family Court, Dwarka Courts to the Family Court, East District of Karkardooma Court.
Contentions Made
Petitioner: It was contended that the petitioner is 68 years of age. It was also contended that since two litigations are also pending in the Karkardooma Court, this suit may also be transferred to the same Court.
Respondent: It was contended that the respondent –husband is 72 years of age. It was also contended that this application was moved just to harass the respondent.
Observations of the Court
The Bench noted that the exercise of the jurisdiction while transferring the petition particularly in the matrimonial disputes, must be undertaken in such a manner that there should not be any inconvenience caused to either of the parties. It also noted it was a settled practice that in such matters, the convenience of the wife must be seen more. The request of the petitioner-wife can be declined only if there are weighty reasons behind the same.
Judgment
The Bench did not see any reason in this case to decline the request of the petitioner-wife for transfer of the case. Hence, the case was withdrawn and assigned to the Principal Judge, Family Court, East District of Karkardooma Court.
Case: Smt. Sarita Joshi vs Ravindra Bhushan Joshi
Citation: TR.P.(C.) 33/2021
Bench: Justice Dinesh Kumar Sharma
Decided on: 18th October 2022
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