NIRMALA ALIAS KAJAL Vs. SANJAY KUMAR SUKHAWANI

JUDGEMENT

(1.) THIS is a petition under Section 24, C. P. C. for transfer of Civil Suit No. 49-A of 2001 from the Court of Additional District Judge, Burhanpur to Bhopal.

(2.) RESPONDENT Sanjay Kumar Sukhawani is husband of petitioner No. 1 Smt. Nirmala @ Kajal. He has filed the above civil suit at Burhanpur for annulling the marriage under Section 12 (1) (c) of the Hindu Marriage Act, 1955 as according to him his consent for the marriage was obtained by the defendants by fraud as it was not disclosed at the time of the settlement of the marriage that Nirmala is suffering from a chronic heart disease on account of which she is not able to fulfil her marital obligations. The summons of the suit has been served on the petitioners at Bhopal where they are living and that is also the place where the marriage was performed. After the marriage the wife lived with her husband at Burhanpur for a very brief period.

(3.) THE petitioner Nos. 2 and 3 are parents of Nirmala. The father is aged 66 years and the mother is aged 61 years. Nirmala is living with them at Bhopal. It is stated in the present petition that the petitioners are not in a position to defend the suit at Burhanpur which is at a distance of more than 300 kms. from Bhopal. The father is a retired person and old enough to take his daughter to Burhanpur during the hearings of the case. The wife has no independent source of income. The respondent is a well to do young man and he can come to Bhopal on the hearings in the case.