MANOJ KUMARI Vs. SHIV KUMAR BANSAL

JUDGEMENT

(1.) Manoj Kumari petitioner has filed the present application under Section 24 of the Code of Civil Procedure for transfer of a petition under Section 13 of the Hindu Marriage Act filed against her by the respondent from the Court of District Judge, Faridabad to the Court of District Judge, Jind.

(2.) According to the petitioner, since 7.12.2000, when she had been forced to leave the matrimonial home, she has been residing at Narwana with her brother after the death of her father. She is physically handicapped on account of a fracture of the left hip joint and cannot walk properly and would have great difficulty in catching the bus. She is also not in a position to bear the expenses of travelling to Faridabad on every date of hearing. In view of this, she submits that the case titled as "Shiv Kumar Bansal v. Smt. Manoj Kumari" which is pending before the District Judge, Faridabad be transferred to the Court of District Judge, Jind. According to her, such a transfer would not adversely affect the respondent as he has been, in any case, paying fortnightly, visit to Narwana where his parents are also residing.

(3.) In the reply, filed by him, the respondent has controverted those portions of allegations which assert that the respondent has influence in Faridabad and his father in a very rich person. The assertions regarding inconvenience are also denied and it is submitted that the distance of Jind from Faridabad would make it difficult for the respondent to examine her witnesses.