CHAND KANWAR Vs. SANTOSH KUMAR SINGH

JUDGEMENT

(1.) This is a petition by the petitioner-wife for transfer of a petition under S. 13 of the Hindu Marriage Act, 1955 filed by the non-petitioner-husband against her in the Court at Udaipur. The petitioner submits that she is a resident of Jaipur and she had filed a petition for restitution of conjugal rights in the Family Court, Jaipur and thereafter, husband filed a divorce petition at Udaipur. She submits that being a lady it is quite inconvenient for her to attend the Court at Udaipur and it would not be inconvenient for her husband to travel up to Jaipur.

(2.) The learned counsel for the petitioner contends that looking to the fact that the petitioner was a lady who will have to travel more than 400 kilometers up to Udaipur and fade the trial of the case, so also looking to the fact that in any case the non-petitioner will have to attend the case filed by the petitioner at Jaipur, the case should be transferred from Udaipur to Jaipur. In reply, the learned counsel for the respondent states that the nonpetitioner is in employment and he will have to take leave every time he had to attend the Court at Jaipur. He also submits that he was prepared to pay the expenses involved in the petitioner's travelling up to Udaipur. He further points out that the case will be expeditiously dealt with at Udaipur because according to him there were only about 200 cases pending in the Family Court at Udaipur whereas the number of cases in Family Court, Jaipur exceeds 2500 according to him.

(3.) The dispute between the parties is not of a recent origin. According to the memorandum of revision petition itself it dates back to 1988. The parties were married in the end of 1982. They lived together as husband and wife till 1988 at Udaipur. The petitioner fell ill in 1988 and according to her she was left by the non-petitioner at Jaipur and was deserted by the non-petitioner. In the year 1990 she had to undergo a surgical operation for brain tumor at Jaipur and after that she has fully recovered and bounced back to health. The petitioner has not mentioned the date of the application under S. 9 of the Hindu Marriage Act filed by her in the Family Court at Jaipur. She has stated that after the notice of her application was received by the non-petitioner, he filed the divorce petition at Udaipur on 10th December, 1995.