ARCHNA SINGH Vs. DILIP SINGH

JUDGEMENT

(1.) Hear on the question of admission.

(2.) Keeping in view the aforesaid averments of the petition and the arguments advanced by the Counsel, I have carefully gone through the papers available on the record. It is apparent fact that District Sagar is at a distance of near about 200 km. from District Damoh and it takes two hours for the journey by bus and, in such premises, the person like applicant may easily go by bus in the morning and may come back in the evening. If she wants any other person to accompany her then she can do that also. So far the expenses of such traveling and other expenses, are concerned, the Trial Court may be requested to pass appropriate order in this regard with a direction that unless such payment is made by the respondent to the applicant she could not be persuaded to come and attend the case at Damoh. So far the apprehension in the mind of the applicant that some unhappy incident may happen with her on going to Damoh is concerned then, in that regard, the Trial Court is at liberty to consider the prayer of the applicant if any application in the matter is filed by her and if prima facie the apprehension of the applicant is found correct then the Trial Court may give appropriate direction to the police authorities to give protection to the applicant, whenever she come to Damoh in connection of the aforesaid case.

(3.) So far the contention that respondent is an Advocate and therefore, she is not in a position to engage any Competent Lawyer at Damoh is concerned, I do not find any merit in this contention because there are no papers on record to show that any Competent Advocate was approached by the applicant and he refused to accept her brief. So, in the lack of it, mere on vague allegations, such ground could not be a foundation to transfer the case. In such premises, the prayer to transfer the aforesaid case from Damoh to Sugar is hereby rejected. Pursuant to it, this petition is hereby dismissed at this stage.