DORAISWAMY RAJU, S.P.BHARUCHA, SHIVARAJ V.PATIL
MANGLA PATIL KALE – Appellant
Versus
SANJEEV KUMAR KALE – Respondent
( 1 ) THIS is a transfer petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in the Tis Hazari court in Delhi to a competent court in Jalgaon, Maharashtra, where she now resides. It is the petitioners case that she has a small daughter with her, that she has filed a petition under Section 125 of the Criminal Procedure Code for maintenance which is still pending, that she cannot travel from time to time the distance of 1260 kilometres between Jalgaon and Delhi to contest the divorce petition nor has she anyone to accompany her. Her father with whom she now stays has already suffered two heart attacks so that he cannot travel with her. Her mother suffers from Parkinsons disease and cannot walk without help so that she would be unable to look after her small granddaughter.
( 2 ) ON behalf of the husband it has been submitted that the petitioner did come to Delhi at the earlier stages of the divorce petition, that she has a brother-in-law in Ambala with whom she can stay when she comes to Delhi to contest the divorce petition and that the husband is now ready to pay for her costs of transportation to Delhi. In these circumstances, it
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