KAMLA BAI Vs. PYARE LAL

JUDGEMENT

(1.) THIS is an application by the wife for transfer of divorce proceedings-Case No, 120 of 1987, pending against her in the Court of the Additional District Judge, Kharai, to the appropriate Court at Bhopal.

(2.) THE non-applicant has filed divorce petition at Khurai against the applicant-wife. The Counsel for the applicant in support of her case for transfer of the case stated that the wife is a vey poor lady with no source of income. She has a child of about two years She has lost her father and the mother is 70 years of age. It was stated that the marriage between the parties took place at Bhopal and the wife resides at Bhopal Court has, therefore, undoubtedly jurisdiction to try the matrimonial proceedings.

(3.) THE learned Counsel for the applicant placed reliance on the decision in Jagatguru Shri Sankaracharya Jyotish Peethadhishwar Shri Swami Swaroopanand v. Ramji Tripathi Lal Bihari Tripathi and others, (1979 M. PLJ. 305) in support of her contention that one of the factors for transfer is convenience of the parties. The husband is reported to be in railway service and being a salaried person can as and when necessary under take journey to Bhopal, but so far as the wife is concerned, she will have to undertake the journey with her small child and one escort.