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2000 DIGILAW 1607 (SC)

LAXMI DEVI v. RAJESH KUMAR SANADHYA

2000-09-18

A.S.ANAND, K.G.BALAKRISHNAN, N.S.HEGDE

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( 1 ) THE parties were married on 3-3-1990. There are three children from the wedlock. It appears that relations between the parties got strained. The respondent has filed a suit under Section 13 of the Hindu Marriage Act for dissolution of marriage which is pending in the Family Court at Udaipur. According to the petitioner, she is living with her father along with the children born from the wedlock. She submits that it is not possible for her to defend herself properly at Udaipur and prays for the case to be transferred to mathura. Our attention has also been drawn by learned counsel for the petitioner to certain admissions made in the counter-affidavit filed by the respondent to the effect that he has embraced Islam religion. ( 2 ) WITHOUT expressing any opinion on the merits of the case between the parties, but keeping in view the affidavit filed in support of the application for transfer, it appears appropriate to us to allow this application but instead of transferring the case to the Court of District Judge, Mathura, in our opinion, it would be appropriate to transfer the case to the file of the District Judge, agra, who may either try the case himself or assign it to any other court of competent jurisdiction under him. ( 3 ) THE connected maintenance case shall also stand transferred to the transferee court. ( 4 ) THE transfer petition is, accordingly, allowed in the terms noticed above. The learned District Judge (Family Court), Udaipur is directed to send the record of the case to the transferee court without any delay. The transferee court shall issue notice to the parties and dispose of the petition expeditiously. ( 5 ) THE respondent, through his learned counsel undertakes that the petitioner shall be paid her travelling expenses for travelling to Agra for conducting the case before the transferee court. The amount shall be paid to her on her first appearance in Agra for that date and, thereafter, for every subsequent date. The transferee court shall ascertain that the petitioner receives the payment on every date of appearance/hearing in the court itself. ( 6 ) THE transfer petition is allowed in the above terms. No costs.