The Lucknow bench of the Allahabad high court has clarified, in a petition seeking the transfer of a case related to a marital dispute, that a request for transfer cannot be granted merely because the wife alleges threats against the husband and his family.
A single bench of Justice Syed Qamar Hasan Rizvi issued this order on the wife’s petition on Monday.
The petition sought the transfer of the divorce case pending in Pratapgarh to Rae Bareli under Section 13 of the Hindu Marriage Act.
Opposing the petition, the husband’s lawyer argued that the allegations of threats against the husband and his family were vague and false, and that the alleged threats had not been reported anywhere.
The wife also stated that she is a doctor at AIIMS, Rae Bareli, and therefore, it is often impossible for her to travel to Pratapgarh on trial dates.
In response, the husband stated that the case in question is in its final stage and he has already made his final arguments. Therefore, transferring the case would delay its disposal.
It was stated that the wife had concealed facts regarding the stage of the case. After hearing arguments from both sides, the high court stated in its order that a case cannot be transferred merely on the basis of allegations.
{{/usCountry}}It was stated that the wife had concealed facts regarding the stage of the case. After hearing arguments from both sides, the high court stated in its order that a case cannot be transferred merely on the basis of allegations.
{{/usCountry}}With these observations, the court dismissed the wife’s petition.