SAU KIRIT Vs. VIKAS BHAGIRATRAO YESKADE

JUDGEMENT

(1.) This is an application for transfer of Petition No. A-26 of 2005 from family Court, Nagpur to the Court of Civil judge Senior Division at Chandrapur, where applicant's H. M. P. No. 24 of 2005 is pending.

(2.) The applicant seeks transfer on the grounds that she apprehends danger to her life, in case she enters Nagpur. She is dependent on her aged parents. She has no independent source of income and it is not possible for her parents to come at Nagpur to attend each and every date. She has proposed to take admission in B. Ed. course and regular attendance in the college would make it impossible to attend the Court at Nagpur. Her place of residence is about 200 kms. away from nagpur and journey will cause her a considerable hardship.

(3.) The learned counsel for the respondent opposes the petition on the ground that except for the ground regarding appearance for B. Ed. course all other grounds are unimportant. Ballarsha is well connected with Nagpur by train as well as road and there should be no difficulty in applicant's attending family Court at Nagpur which is better equipped to handle her case. He also stated that respondent wants restitution of conjugal rights and willing to make an attempt for amicable settlement. To which the learned counsel for the petitioner/applicant responded in negative, because according to the learned counsel for the applicant, there is another woman in life of respondent.