Smt. Riya Kamal Kumar Sajnani @APPELLANT@Hash Shri Kamal Kumar Sajnani

This transfer application has been filed by the applicant Smt. Riya Kamal Sajnani, seeking transfer of Civil Suit No.11/2016 titled as Shri Kamal

Kumar Sajnani Vs. Smt. Riya Kamal Sajnani pending before Family Court, Ajmer to Family Court, Jaipur.

Heard applicant Smt. Riya Kamal Sajnani.

It is submitted by the applicant that in the year 2009, non-applicant’s behaviour towards her had changed and he started using invectives,

demanded dowry and started committing cruelty with the applicant. Therefore, an FIR was lodged by her for offences under Sections 498A, 406 and

323 IPC. However, due to non-applicant's half-hearted apologies, the applicant withdrew her complaint. Again in the year 2011, due to the same

behaviour of the non-applicant, an FIR was lodged by the applicant for offences under Sections 498A and 406 IPC. The non-applicant ousted her

from the matrimonial home in the year 2013. Since then, she is residing at Jaipur with her parents. It is further submitted that the non-applicant filed a

civil suit seeking maintenance from the applicant to the tune of Rs.25,000/- per month. This suit was filed in the year 2016. No explanation was given

by the non-applicant in filing the suit belatedly. It is also submitted by the applicant that she is having a son, who is residing with her and studying in

Class XI in SJ Public School, Janta Colony, Jaipur. The father of the applicant, who is also residing at Jaipur, is a retired person and having episodes of

Neurotic attacks off and on and her mother is also a heart patient. Therefore, she is not in a position to appear before the Family Court, Ajmer on

each and every date of hearing. It is also submitted that several other cases are pending between the parties at Jaipur. Keeping this in view, it was

prayed that the suit filed by the non-applicant may kindly be transferred from Family Court, Ajmer to Family Court, Jaipur.

I have considered the submissions made by the applicant.

Indisputably, the applicant is residing at Jaipur with her

parents since 2013. It is also an admitted fact that she is having a son, who is residing and studying at Jaipur. It is also not in dispute that the non-

applicant is already attending proceedings in the city of Jaipur. On taking into consideration the submissions made by the applicant and the facts, this

Court is of the view that in such type of cases, the convenience of the wife has to be preferred over the convenience of the husband. Considering the

fact that the applicant/petitioner is a female and her son is dependent on her and she is the only one to look after her old parents, it would be just and

proper to transfer the Civil Suit No.11/2016 titled as Shri Kamal Kumar Sajnani Vs. Riya Kamal Kumar Sajnani, from Family Court, Ajmer to Family

Court, Jaipur. If the same is not done, undue hardship would be caused to the applicant, since she would have to take a leave and travel to Ajmer on

every hearing and she would not be able to carry out her responsibilities. In this regard, it is also pertinent to take into consideration the fact that

nonapplicant has to attend the cases, which are pending at Jaipur and it would be more convenient even for the non-applicant to attend the case at one

place on the same date.

Accordingly, the transfer application is allowed. Civil Suit No.11/2016 titled as Shri Kamal Kumar Sajnani Vs. Riya Kamal Kumar Sajnani pending

before Family Court, Ajmer is directed to be transferred to Family Court, No.3, Jaipur Metropolitan, Jaipur.

Let both the Courts be informed accordingly. The parties are directed to appear before Family Court, No.3, Jaipur Metropolitan, Jaipur on 11.06.2018.

The transfer application stands disposed of.