SUPRIYA Vs. KAMLESH

JUDGEMENT

(1.) Heard. Usually, such applications have resulted in order favouring the applicant. This application, however, seems to be an exceptional to the general trend.

(2.) According to the applicant, she comes from a poor family and, therefore, is not able to garner sufficient resources for undertaking journey from Gondia to Nagpur and only a general statement in this regard has been made. In any case, the applicant, if she applies for, can possibly get whatever expenses she would incur for undertaking such journey from the respondent-husband.

(3.) Therefore, lack of funds by itself cannot be sufficient ground for allowing such application. The next ground taken by the applicant is that the distance between Gondia to Nagpur is about 154 kms and it is a 3hour journey by road and, therefore, it is inconvenient for the applicant who is a lady. As a general proposation that a 3hour journey by road for a lady is inconvenient, cannot be accepted. A lady who faces inconvenience in undertaking such a journey, must come out with a specific case of the inconvenience. She must state the reasons as to why the journey would be inconvenient for her. No Court can draw a presumption nor guess such traveling would entail physical hardship for every lady. In fact, nowadays, general condition of roads is good. Gondia and Nagpur are the places having railway stations and well connected by several trains. In such a situation, it would be necessary for a lady applicant taking the ground of inconvenience of journey to offer proper justification so that the Court can exercise its discretion in the matter by balancing the interest of both the parties. Unfortunately, the applicant has not given a single reason as to why she finds it inconvenient to undertake such journey.