Working Mother Faces Difficulty in Long Distance Travelling, Rajasthan High Court Allows Transfer Plea

Rajasthan high court Law Insider

Tanya Gupta

Published on: March 14, 2022, at 13:29 IST

In the case of Anju Boyal Vs Ravindra Kumar, the Rajasthan High Court allows the Transfer Petition.

The Court observes that since the Petitioner is a Working Mother with Multiple Duties will face difficulty in Travelling such a Long Distance with her Minor Children.

The Court ordered the Additional District Judge- Family Court, Chirawa, Jhunjhunu to Transfer this Civil Case to the Family Court, Bhilwara.

While taking note of the Petitioner’s Inconvenience, Justice Rameshwar Vyas ruled,

“Petitioner is a Lady, who will face difficulties to Travel for Long Distance with her Minor Children. As per the version of the learned Counsel for the Petitioner, there is no one in the Family who can look after her Children in the Absence of Mother. Great Inconvenience will be caused to Minor Children of the Petitioner, if the Petitioner leaves her Children at Bhilwara. Petitioner being a Working Woman has Multiple Duties to perform. Other Litigation between the Parties Pending at Bhilwara.”

The Court followed on the Facts that the Petitioner being a Working Mother of 2 Minor Children, presently posted at Sinhana, Chittorgarh.

An Application was filed by the Respondent-Husband Under Section 9 of Hindu Marriage Act seeking Conjugal Right’s Restitution against the Petitioner-Wife in the Family Court, Chirawa, Jhunjhunu, distant from Bhilwara.

The Record also revealed that the Application filed for declaring Marriage Null and Void is pending in the Bhilwara Family Court, the Court noted.

“Let the Parties shall Appear before the Family Court, Bhilwara on 7.4.2022 and thereafter, the Family Court, Bhilwara would Regulate the hearing. A Copy of this Order be sent to the Additional District Judge – Family Court, Chirawa, Jhunjhunu as well as Family Court, Bhilwara for information and necessary compliance,” the Court further ruled.

The Plea stated the perception of constant threat of Respondent causing harm to her Children or Parents in the Petitioner’s mind.

The Plea further added that the Petitioner’s Children are Minor and in need of constant attention and she cannot leave them alone as there is no one else to look after them.

The Respondent’s Counsel submits that just because the Petitioner is a Lady and is facing Inconvenience in Travelling, her Transfer Petition can not be Allowed.

The Counsel also submits that they are Ready to bear the Petitioner’s Stay and Travelling Expenses.

Also read:

What is Transfer Petition?

Power of High Courts to Make Rules

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