ANITA KANSAL Vs. SUSHIL KUMAR

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure for transfer of the ease No. 12 of 1989 Sushil Kumar Kansal v. Smt. Anita Kansal pending in the court of the 'District Judge, Uttar Kashi to the court of the District Judge, Dehradun.

(2.) The applicant seeks transfer of the case on the ground that, she would be beaten and tortured by the opposite party ; secondly on the ground that the opposite party himself had filed a case under Section 9 of the Hindu Marriage Act and when the applicant claimed maintenance under Section 24 of the aforesaid Act, the opposite party withdrew the writ and filed a case for divorce in the court of the District Judge, Uttar Kashi; thirdly, according to the applicant, the family of the opposite party permanently resides at Dehradun and that the opposite party often comes to Dehradun, therefore, on the ground of convenience of the parties it is but proper that the case filed by the opposite party in the court of the District Judge, Uttar Kashi should be transferred to the court of District Judge, Dehradun. Relevant allegations have been made by the applicant in her application vide paragraphs 17 to 21.

(3.) The contesting opposite party has refused the contention raised on behalf of the applicant. According to him there is a danger to his life if the case is transferred to the court of the District Judge, Dehradun and that since the parties had last resided in Uttar Kashi, therefore, the case should be tried at Uttar Kashi. It has been stated that during the pendency of the suit under Section 9 of the Hindu Marriage Act the opposite party was badly treated by the father of the applicant and his students and various other pleas have been taken to negative the relief of transfer sought by the applicant. Necessary allegations have been made in paragraphs 19 to 27 of the counter affidavit.