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Lalita A. Ranga v. Ajay Champalal Ranga .
Factual and Procedural Background
This order addresses a transfer petition arising from Divorce Petition No. A-833 of 1998 titled Ajay Champalal Ranga v. Lalita A. Ranga, which was pending before the Family Court at Bandra in Mumbai. The petitioner-wife sought transfer of the divorce proceedings to Jaipur. The Court noted an affidavit filed by the petitioner’s counsel establishing service of all necessary papers, including the notice issued by the Court, on the respondent through his local advocate in Bombay, M/s Joy Legal Consultants. Despite service, no one appeared for the respondent at the hearing. The petitioner-wife is stationed in Jaipur and has a small child, and the petition was based on the difficulties she faced in contesting proceedings in Mumbai.
Legal Issues Presented
- Whether the respondent had been duly served with notice of the transfer proceedings through his local advocate.
- Whether, in light of the petitioner-wife’s circumstances—residence in Jaipur and care of a small child—the divorce case should be transferred from the Family Court at Bandra in Mumbai to the Family Court at Jaipur.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court first considered the affidavit from the petitioner’s counsel demonstrating that the respondent had been served through his local advocate, M/s Joy Legal Consultants, in Bombay. On that basis, the Court concluded that service on the respondent for these proceedings had been duly effected. The Court also recorded that no one appeared for the respondent at the hearing.
Having heard the petitioner’s counsel and considering the facts and circumstances, the Court exercised its discretion to grant the transfer. The decisive consideration was the petitioner-wife’s difficulty in traveling from Jaipur to Bombay to attend proceedings, especially as she is stationed in Jaipur and has a small child. The Court found it appropriate, in these circumstances, to transfer the case to Jaipur to alleviate the practical hardship on the petitioner.
Holding and Implications
TRANSFER PETITION ALLOWED. Divorce Petition No. A-833 of 1998 titled Ajay Champalal Ranga v. Lalita A. Ranga is transferred from the Family Court at Bandra in Mumbai to the Family Court at Jaipur for further proceedings in accordance with law. No costs.
Implications: The divorce proceedings will continue before the Family Court at Jaipur. The order directly affects only the venue of this case and does not announce a broader legal rule.
Order
1. We have seen the affidavit filed by the learned counsel for the petitioner showing that all the necessary papers including the notice issued by this Court were served on the respondent through his local advocate at Bombay, M/s Joy Legal Consultants. In view of this affidavit it appears that the respondent is already served through his duly authorised agent so far as these proceedings are concerned. No one has appeared today in these proceedings on behalf of the respondent. Hence, having heard learned counsel for the petitioner and in the facts and circumstances of this case we deem it fit to grant this transfer petition looking to the difficulties faced by the petitioner wife to contest these proceedings at Bombay when she is stationed at Jaipur. She is having a small child also with her. Therefore, it is obvious that it will be difficult for her to go all the way from Jaipur to Bombay to contest the proceedings from time to time.
2. The transfer petition is accordingly allowed. Divorce Petition No. A-833 of 1998 titled Ajay Champalal Ranga v. Lalita A. Ranga shall stand transferred from the Family Court at Bandra in Mumbai to the Family Court at Jaipur for proceeding further in accordance with law.
3. No costs.
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