Nidhi Surve vs Shailendra Kumar Singh

This is wife's petition for transfer of matrimonial case being H.M.A. No. 946-HMA-9-11-2012, titled as Shailendra Kumar Singh v. Nidhi Surve, from the Family Court, Ambala Cantt, Haryana to the Family Court, Vadodara, Gujarat. The notice of Transfer Petition has been served on the respondent and he has filed counter-affidavit in opposition to the Transfer Petition.

We have perused the averments made in the Transfer Petition, counter-affidavit and the rejoinder-affidavit.

It is true that the respondent is an Army Officer and presently posted at Partapur, Siachen and it may be difficult for him to travel to Vadodara (Gujarat). This difficulty will also be there even if the matter is heard at Ambala Cantt.

Having regard to the fact that the petitioner-wife is presently residing in Vadodara (Gujarat), we are satisfied that greater hardship shall be caused to her in case the proceedings in the above matrimonial case are allowed to be continued at Ambala Cantt (Haryana).

We, accordingly, allow the transfer petition and transfer matrimonial case being H.M.A. No. 946-HMA-9-11-2012, titled as "Shailendra Kumar Singh v. Nidhi Surve", from the Family Court, Ambala Cantt, Haryana to the Family Court, Vadodara, Gujarat. The transferrer Court shall transmit the record and proceedings of the transferred matrimonial case to the transferee Court without any delay.

The transferee Court is requested to hear and decide the transferred matrimonial case as expeditiously as may be possible. The parties are directed to co-operate with the transferee Court in expeditious disposal of the matrimonial case. No costs.