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2003 DIGILAW 1587 (RAJ)

Sunit v. Om Prakash Ojha

2003-11-24

PRAKASH TATIA

body2003
JUDGMENT 1. - Heard learned counsel for the parties. 2. The petitioner seeking transfer of the case No. 120/2003 filed under section 9 of the Hindu Marriage Act by the non-petitioner pending in the Court of District Judge, Bhilwara on the ground that the petitioner is a lady of young age and residing at village Changeri, Tehsil Mawali, District Udaipur and she cannot travel to Bhilwara to defend and conduct her case filed by the non-petitioner. It is also submitted that there are two cases one pending at Mawali and another is pending in the Family Court, Udaipur, which was instituted by the petitioner herself. Therefore, the petition filed by the non-petitioner may be transferred to the Family Court Udaipur. 3. Learned counsel for the non-petitioner submits that merely because of convenience and inconvenience. cases cannot be transferred and in view of the fact that the petitioner need not to appear each and every date in the court of Bhilwara. therefore, she cannot suffer any inconvenience, It is also submitted that in case, the case will be transferred, that will more inconvenience to the non-petitioner. 4. After going through the facts and circumstances of the case and in view of the fact that the petitioner is a lady of very small village and she cannot provide assistance even her advocate to conduct and defend the case at Bhilwara from her village. Therefore, it is ordered that case No. 120/2003, Om Prakash Ojha v. Smt. Sunita pending in the Court of District s Judge, Bhilwara is withdrawn and is hereby transferred to the Court of Family Conn. Udaipur for final disposal in accordance with law. *******