SUNITA Vs. OM PRAKASH

JUDGEMENT

(1.) This is an application under Section 24 C.P.C. whereby the applicant wife has prayed for transfer of a divorce case.

(2.) The applicant Smt. Sunita was married to non-applicant Om Prakash at Bundi on 18.2.1999. The non-applicant filed an application under Section 13 of the Hindu Marriage Act against Smt. Sunita with a prayer for divorce on 17.6.2000 in the Family Court, Jaipur. It is prayed that the applicant is residing at Bundi which is 210 kms away from Jaipur and the respondent husband is also not residing at Jaipur as he is residing at Sambherlake which is about 75 kms. away from Jaipur. It is also stated that since advocates are not permitted to represent the parties in the Family Courts, the applicant has to appear on each and every date and thus this case may be transferred to Bundi.

(3.) No reply of this application has been filed. Learned counsel for the applicant placing reliance upon Sunita Singh v. Kumar Sanjay and another and Anuradha Dalal v. Rohit Dalal, both reported in (2001) 10 SCC 41 and 449 pages) submitted that the Hon'ble Apex Court has held that convenience of the wife has to be taken into consideration. Learned counsel for the respondent while opposing this application submitted that divorce petition was filed In June 2000 and thus this application has been file after a delay of about 3 years. It was also argued that the statement of On Prakash has already been recorded by the Family Court and now divorce petition is listed for the evidence of the applicant wife and thus there is no ground for transferring this case.