USHA BAI JAIN Vs. SANTOSH KUMAR JAIN

JUDGEMENT

(1.) THE petitioner had prayed for transfer of case 10 -A/94 from the Court of District Judge, Dhar to any other Court of competent jurisdiction at Mhow Tahsil in the District of Indore. The ground for transfer is that Dhar is at a distance of about 80 kms. from Mhow and the petitioner, being a deserted woman, is not in a position to go to Dhar to attend the Court. It is submitted that she is sick. On the aforesaid ground the petitioner, the wife seeks transfer of the case. It is further stated that an application for grant of maintenance at Mhow Court u/s. 125 of the Code of Criminal Procedure is also pending.

(2.) ON the basis of aforesaid averments, prayer has been made for the transfer of the case. It is relevant here to state that the case filed by the husband/non -applicant, for dissolution of the marriage was filed in the Court of District Judge, in June, 1994. Thereafter she filed an application for grant of ad -interim alimony as also the cost of litigation and the same was allowed and the alimony as directed was deposited on 30.8.95.

(3.) 1985 MPWN 388) in which this Court observed that