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2006 Supreme(Raj) 1655

N.K.JAIN
Santosh Kumar – Appellant
Versus
Shankar Singh Tanwar – Respondent


Advocates Appeared:
Mr. Anil Upman, for the Petitioner.
Mr. D.S. Poonia, for the Respondent.

Judgment

Narendra Kumar Jain, J.-Heard learned Counsel for the parties.

2. The petitioner wife has filed this transfer petition under Section 24 of the Civil Procedure Code for transferring the case No. 446 of 2003 pending in the Family Court No. 2, Jaipur, to the Additional District and Sessions Judge, Bayana, District Bharatpur.

3. Learned Counsel for the petitioner contended that the petitioner wife is a helpless woman fully dependent upon her father. He further contended that the father of the petitioner is a Government Servant, therefore, it is not possible for him to go with the petitioner on each and every date, therefore, case be transferred from Jaipur to Bayana.

4. In my view the ground stated by the learned Counsel for the petitioner is not sufficient to transfer the case from Jaipur to Bayana. The Honble Supreme Court in Gargi Konar vs. Jagjeet Singh, 2005 (11) SCC 446, held as under :-

"2. The only ground made out in the transfer petition by the petitioner wife is that she is a helpless woman fully dependent upon her father and that her financial capacity is not such so that she can contest the proceedings in Bhatinada in the State of Punjab.

3. In our view, this is not



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