LAWS(ALL)-2014-11-215

NISHA Vs. DHARMENDA PRATAP SINGH RATHORE

Decided On November 12, 2014
NISHA Appellant
V/S
Dharmenda Pratap Singh Rathore Respondents

JUDGEMENT

(1.) Heard Sri Arvind Kumar Singh II, learned counsel for the applicant, Sri Kul Bhushan, Advocate, holding brief of Sri Krishna Gopal, learned counsel for opposite party and perused the record. This is an application filed by applicant-wife under Section 24 C.P.C., seeking transfer of Petition No. 735 of 2013 (Dharmendra Pratap Singh Rathore v. Smt. Nisha), pending before Family Court, Bareilly to Etah on the ground that there is no one in her family to escort her to Bareilly to do pairvi of the case, having two years old daughter and also having financial constraints. It is also pleaded that no maintenance has been provided to the applicant and she has no otherwise means to meet the expenses.

(2.) Learned counsel for opposite party vehemently opposed the application and stated that there is no reason for transfer of the case to Etah.

(3.) The power of transfer of a case from one Court to another under Section 24 C.P.C. is very wide. However, while exercising such power, the Court itself must look into the ground taken for justifying transfer and should consider the matter within permissible limitations so as not to exercise power on mere asking by applicant.