LAWS(SC)-2000-11-136

ANURADHA DALAL Vs. ROHIT DALAL

Decided On November 13, 2000
ANURADHA DALAL Appellant
V/S
ROHIT DALAL Respondents

JUDGEMENT

(1.) The petitioner is the wife of the respondent. She seeks transfer of application No. 145 of 1998 (titled Major rohit Dalal v. Anuradha Dalal) pending in the Family Court No. 1, Jaipur (Rajasthan) to the Competent Court of District Judge at Bhiwani (Haryana).

(2.) The grounds on which transfer of the case is sought is that she is living in bhiwani (Haryana) and has to travel a distance of 300 k. m. (one way) which takes about 8 hours to reach Jaipur; that since in the Family Court at Jaipur advocates are not permitted, she has to attend on every date of hearing which is causing great hardship. The respondent, it is submitted, is also not residing in Jaipur but is residing at different places for discharging his official duties. Therefore, it would not cause any inconvenience to the respondent also.

(3.) In the counter affidavit, filed by the respondent, it is not disputed that in Jaipur the parties have to be present in person and the advocates are not permitted. However, what is stated is that the father of the petitioner have lot of influence and, therefore, it would not be conducive for the respondent to have the proceedings conducted in Bhiwani, which fact is denied by the petitioner.