REKHA ALIAS RICHA DEWANI Vs. KAILASH DEWANI

JUDGEMENT

(1.) This petition is preferred by the Applicant/wife under section 24 read with section 151 of the Code of Civil Procedure for transferring the Civil Original Suit No. 77-A/09 filed by the Respondent under section 13(1)(A) of the Hindu Marriage Act, 1955 in the Court of IV th Addl. District Judge, Jabalpur, from such Court to the competent court at Bhopal where the Applicant is residing with her infant baby.

(2.) Although, this petition is preferred for transferring the case by mentioning so many grounds, out of them, according to para-7 of the petition the Applicant is having an infant baby in her lap who was born on 26.10.08. As per further averments, she is residing with her in her parental home at Bhopal under the compelling circumstances created by the non-Applicant. As per other grounds, she did not have any source of earning to meet the expenses and she is fully dependent on her 80 years old father who is running a flour mill. In such premises, it is also stated that she herself or her father are not in a position to meet the expenses for attending and contesting the case at Jabalpur. The ground regarding distance of Jabalpur to Bhopal i.e 300 Km is also taken and it is stated that it is not possible for her to come with an infant baby for attending the case as no any other person is available to come with her to contest the aforesaid matter at Jabalpur. The petition is also supported by an affidavit of the Applicant.

(3.) In reply of the Respondent, the grounds of the petition stated by the Applicant are denied. In addition it is stated that if Applicant comes to attend . the case at Jabalpur then Respondent is ready and willing to pay the expenses for the same and, in such premises, prayer for dismissal of the petition is made.