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Madhya Pradesh High Court · body

2002 DIGILAW 10 (MP)

Nirmala @ Kajal v. Sanjay Kumar Sukhawani

2002-01-02

S.P.KHARE

body2002
Judgment ( 1. ) THIS is a petition under Section 24, C. P. C. for transfer of Civil Suit No. 49-A of 2001 from the Court of Additional District Judge, Burhanpur to Bhopal. ( 2. ) RESPONDENT Sanjay Kumar Sukhawani is husband of petitioner No. 1 Smt. Nirmala @ Kajal. He has filed the above civil suit at Burhanpur for annulling the marriage under Section 12 (1) (c) of the Hindu Marriage Act, 1955 as according to him his consent for the marriage was obtained by the defendants by fraud as it was not disclosed at the time of the settlement of the marriage that Nirmala is suffering from a chronic heart disease on account of which she is not able to fulfil her marital obligations. The summons of the suit has been served on the petitioners at Bhopal where they are living and that is also the place where the marriage was performed. After the marriage the wife lived with her husband at Burhanpur for a very brief period. ( 3. ) THE petitioner Nos. 2 and 3 are parents of Nirmala. The father is aged 66 years and the mother is aged 61 years. Nirmala is living with them at Bhopal. It is stated in the present petition that the petitioners are not in a position to defend the suit at Burhanpur which is at a distance of more than 300 kms. from Bhopal. The father is a retired person and old enough to take his daughter to Burhanpur during the hearings of the case. The wife has no independent source of income. The respondent is a well to do young man and he can come to Bhopal on the hearings in the case. ( 4. ) IN reply the respondent has stated that the petitioners can engage a lawyer at Burhanpur and he will defend them in the suit and they can come at the time of evidence. ( 5. ) AFTER hearing both the sides this Court is of the opinion that it would be in the interest of justice to transfer the civil suit from Burhanpur to Bhopal. The parents are old and their daughter is suffering from heart ailment. The civil suit can be transferred on account of "physical and financial problems" of the petitioners. ( 5. ) AFTER hearing both the sides this Court is of the opinion that it would be in the interest of justice to transfer the civil suit from Burhanpur to Bhopal. The parents are old and their daughter is suffering from heart ailment. The civil suit can be transferred on account of "physical and financial problems" of the petitioners. It is not enough to engage a lawyer but the clients have to remain in constant touch with him in the matrimonial disputes. The Supreme Court has transferred a number of matrimonial cases under Section 25, C. P. C. from one State to another on the ground of "physical and financial inability" of the wife to contest the petition filed by her husband. That has been done in Mona v. Aresh, (2000) 9 SCC 25, from Bombay to Delhi; in Theja v. Nagarjuna, (2000) 9 SCC 453 , from Hyderabad to Bangalore; in Seema v. Rakesh, (2000) 9 SCC 271 , from Ghaziabad to Jagadhri; in Deepa v. Anil, (2000) 9 SCC 441 , from Ranchi to Trichur; in Geeta v. Harish, (2000) 10 SCC 304 , from Saharanpur to Karnal; and in Renu v. Anil, (2000) 10 SCC 355 , from Delhi to Jullundhar. ( 6. ) IN view of these precedents and keeping in view the facts and circumstances of the present case, the Civil Suit No. 49-A of 2001 is transferred from Burhanpur to the District Judge, Bhopal who can make it over to the Court having jurisdiction to try matrimonial cases.