Court Denies Transfer Petition, Allows Video Conferencing for Petitioner.
22 August 2024
Suit Procedure >> Constitution & Law Procedure | Divorce Law >> Family Law
In a recent legal decision of Hema Rajesh Thapa v/s Rajesh Jangbahadur Thapa, a petitioner-wife's request for the transfer of a divorce petition from Pune to Bageshwar has been denied. The case, which is filed under Section 25 of the Code of Civil Procedure, 1908, concerns the divorce proceedings between Rajesh Jangbahadur Thapa and Hema Rajesh Thapa, identified as Marriage Petition No. A/1543/2023.
The petitioner sought to have the case transferred from the Family Court in Pune, Maharashtra to the Family Court in Bageshwar, Uttarakhand. This request was made on the grounds outlined in the transfer petition. However, after considering the arguments presented by both parties, the court decided not to grant the transfer.
The primary reason for this decision was the custody arrangement of the couple’s child, who is currently residing with the father. Recognizing the importance of maintaining the status quo for the child's well-being, the court chose to keep the proceedings in Pune.
Despite denying the transfer, the court has accommodated the petitioner by allowing her to participate in the proceedings via video conferencing. This measure is intended to facilitate her involvement in the case without the need for physical presence in Pune. As a result of the court's ruling, the transfer petition has been dismissed. Any pending applications related to the case will be resolved as per the court's directive.