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2003 DIGILAW 1460 (RAJ)

Kusum v. Umesh Raj Joshi

2003-10-29

PRAKASH TATIA

body2003
JUDGMENT 1. - Heard learned counsel for the parties. 2. This transfer petition has been field by the applicant, who is wife of nor appellant, seeking transfer of divorce petition filed by the non-applicant husband, which is pending in the Family Court, Jodhpur, on the grounds that the applicant is a poor lady, she has no source of income, she is dependent upon his father, who was class IV Government employee and now retired and she can not travel 300 kms to contest this case. It is also submitted that the petitioner has not good relations with the non-petitioner and non-petitioner does not return the petitioner for the expenses. The petitioner has also lodged a criminal case against the non-petitioner under section 498-A and 406, IPC, which is pending at Bhilwara. 3. Learned counsel for the non-petitioner submitted that there will be no 5 hardship to the petitioner and she can certainly contest the case at Jodhpur also. 4. After going through the facts of the case, I found that it is a fit case where divorce petition, filed at Jodhpur, may be transferred to the Court at Bhilwara. 5. Therefore, the transfer petition is allowed it is ordered that the Divorce Petition No. 168/99 Applicant : Umesh Raj Joshi v. Non-applicant Smt. Kusum , pending in the Family Court, Jodhpur is withdrawn from that Court and is hereby transferred to the Court of Jodhpur is withdrawn from that Court and is hereby transferred to the Court of District Judge, Bhilwara, for deciding it in accordance with law. 6. Learned District Judge is requested to decide the divorce petition expeditiously any both the parties are directed to cooperate the Court.Transfer Petition Allowed. *******