Manisha @ Meeta Prithviraj Purohit v. Arvind Rajpurohit
2003-01-27
ASHOK BHAN, SYED SHAH MOHAMMED QUADRI
body2003
DigiLaw.ai
JUDGMENT : Syed Shah Mohammed Quadari, J. Heard the learned counsel for the parties. 2. The petitioner is the wife of the respondent. The respondent has filed a petition for dissolution of marriage in the Family Court at Jodhpur. The petitioner is residing in Mombai while the respondent is in New York, U.S.A. The petitioner submits that it is difficult for her to go alone to Jodhpur to defend the case. She will have to incur heavy expenditure on her travelling as well on the travelling of the person who would accompany her. She further submits that she has a daughter who is studying and her education will also get disturbed. In these circumstances, she prays that the Original Matrimonial Suit No.209/2001, titled as Arvind Raj Purohit vs. Smt. Manisha alias Meeta Prithviraj Purohit, be transferred from Family Court, Jodhpur to a Family Court at Mumbai. The respondent in his counter has stated, inter alia, that the father of the petitioner was involved in a murder case and it is not safe for the respondent to attend the court in Mumbai. 3. Inasmuch as the respondent is residing at New York, U.S.A. and would not be attending the hearing of the case, the question of apprehension of threat to his life, if the case is transferred to Mumbai, has no substance. Having regard to the difficulty that the petitioner would face, indicated above, we consider it appropriate to trans[Br the matrimonial suit from Family Court, Jodhpur to Family Court, Mumbai. We accordingly order the transfer. Mr. Sushil Kr. Jain, learned counsel for the respondent however, adds that the trial court may be directed to dispose of the case expeditiously and to grant protection to the person who attends the court on behalf of the respondent. We direct the learned Judge presiding the Family Court, Mumbai, to decide the case expeditiously, without granting any adjournment to the parties. 4. If and when the respondent's representative apprehends any danger to his life it would be open to him to approach the concerned authorities for protection and we have no doubt that under law, protection would be granted to them. 5. With these observations the transfer petition is ordered with costs. Transfer Petition Allowed.