- Bookmark
- Share
- CaseIQ
Vandana Sharma v. Rakesh Kumar Sharma .
Factual and Procedural Background
The wife, Smt. Vandana Sharma, filed a transfer petition seeking transfer of SMA Case No. 6 of 2006 (Rakesh Kumar Sharma v. Vandana Sharma) from the Court of the Additional District Judge, Tis Hazari Courts, Delhi, to the Court of the District Judge, Panchkula (Haryana). The underlying proceeding is a divorce petition instituted by the husband, Rakesh Kumar Sharma, under Sections 27(1)(b) and (d) of the Special Marriage Act, 1954.
Despite due service on the respondent-husband to contest the transfer application, no appearance was entered on his behalf. The court heard the petitioner’s counsel and considered the material on record.
Legal Issues Presented
- Whether, in light of the petitioner-wife’s circumstances—residence in Panchkula with two minor daughters (one aged seven months) and lack of a male companion to travel—it is just and proper to transfer the matrimonial proceedings from Delhi to Panchkula (Haryana).
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 noted that the respondent-husband, though duly served, did not appear to contest the transfer application. The court proceeded on the basis of the materials available and the submissions of the petitioner’s counsel.
It is an admitted fact that the petitioner-wife resides in Panchkula (Haryana) with her two minor daughters, one of whom is only seven months old. The court recognized the practical difficulty and hardship involved in the petitioner traveling from Panchkula to attend proceedings in Delhi, particularly in the absence of any male member to accompany her.
On these facts, the court determined that it would be “just and proper” to transfer the matrimonial proceedings from the Tis Hazari Courts in Delhi to the District Judge at Panchkula (Haryana). The court emphasized the need for an early transfer and efficient disposal of the case thereafter.
Holding and Implications
TRANSFER ALLOWED; CASE TRANSFERRED TO DISTRICT JUDGE, PANCHKULA (HARYANA)
Directions and implications:
- The Additional District Judge, Tis Hazari Courts, Delhi, is directed to transmit the records of SMA Case No. 6 of 2006 to the District Judge, Panchkula (Haryana), at an early date, preferably within one month from the date a copy of the order is supplied.
- The District Judge, Panchkula (Haryana), or another appropriate court nominated by the District Judge, is expected to dispose of the matter within one year from receipt of the records, without granting unnecessary adjournments to either party.
- No order as to costs.
The immediate effect is that the matrimonial proceedings will continue in Panchkula, facilitating the petitioner’s ability to participate. The order addresses the convenience and hardship of the petitioner and sets case-management timelines; it does not announce any new legal precedent.
Order
1. By this transfer petition, the wife, Smt Vandana Sharma seeks transfer of SMA Case No. 6 of 2006 (Rakesh Kumar Sharma v. Vandana Sharma) pending in the Court of Additional District Judge, Tis Hazari Courts, Delhi to the Court of District Judge, Panchkula (Haryana), which has been filed at the instance of the husband, Rakesh Kumar Sharma for divorce under Sections 27(1)(b) and (d) of the Special Marriage Act, 1954.
2. In spite of due service on the respondent to contest the application for transfer, no one has entered appearance on behalf of the husband, opposite party to contest the application for transfer of the aforesaid matrimonial proceeding from Delhi to Panchkula (Haryana).
3. We have heard the learned counsel for the petitioner and considered the entire materials on record. It is an admitted fact that the wife/the petitioner is having two minor daughters staying with her, one of whom is only seven months old and that, it would be very difficult for her to attend the court at Delhi from Panchkula (Haryana), where she is now residing with her two minor daughters. In the absence of any male member to accompany her from Panchkula to Delhi, it would be just and proper that the matrimonial proceedings pending in Tis Hazari Courts at Delhi be transferred to the court of the District Judge, Panchkula (Haryana) at an early date.
4. Accordingly, we allow this application for transfer and the Additional District Judge, Tis Hazari Courts, Delhi, before whom the aforesaid case is pending, is directed to transmit the records of the said case at an early date preferably within one month from the date of supply of a copy of this order to him. It is expected that the District Judge, Panchkula (Haryana) or any other appropriate court to be nominated by the District Judge, Panchkula (Haryana) shall dispose of the case within one year from the date of receiving the records of the same without granting any unnecessary adjournments to either of the parties.
5. The application for transfer is thus allowed. There will be no order as to costs.
Alert