Supreme court declined request of wife to transfer cases.
Supreme Court in a latest Judgement (Seema Kaushal vs Dheeraj Kumar D.D 10Feb.2023) while dismissed the Transfer Petition of wife held that that there was no evidence that the father-in-law was still influential and that the alleged threats and the maintenance proceedings appeared to be subsequent to the filing of the divorce petition.
The petitioner, Seema Kaushal, has filed a transfer petition in the Supreme Court of India seeking to transfer a divorce petition filed by her husband, Dheeraj Kumar, from the Family Court No.1 in Jaipur, Rajasthan to the Principal Judge of the Family Court in Kurukshetra, Haryana.
The petitioner and the respondent were married in 2014 and have a son who is living with the petitioner’s parents in Kurukshetra. Both parties are government employees posted in Jaipur. The transfer petition was filed on the grounds that the petitioner’s father-in-law, a retired Assistant Superintendent of Police, is influential in Jaipur and has threatened the petitioner. The petitioner’s son has also initiated maintenance proceedings against the respondent in Kurukshetra.
The court dismissed the transfer petition, noting that there was no evidence that the father-in-law was still influential and that the alleged threats and the maintenance proceedings appeared to be subsequent to the filing of the divorce petition and were therefore an afterthought.
The court also noted that the petitioner had not stated that she was going to leave Jaipur or live in Kurukshetra and therefore it was not inconvenient for both parties to attend proceedings in Jaipur. The transfer petition was dismissed.
Seema Kaushal
vs
Dheeraj Kumar
