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1997 Supreme(Raj) 208

V.S.KOKJE
Chand Kanwar – Appellant
Versus
Sh. Santosh Kumar Singh – Respondent


Advocates Appeared:
T.S. Champawat, for Petitioner P.C. Sharma & Suresh Kumbhat, for Non-petitioner

Honble KOKJE, J.–This is a petition by the petitioner-wife for transfer of a petition u/S. 13 of the Hindu Marriage Act, 1955 filed by non-petitioner-husband against her in the Court at Udaipur. The petitioner submits that she is a resident of Jaipur and she had filed a petition for restitution of conjugal rights in the Family Court, Jaipur and thereafter, husband filed a divorce petition at Udaipur. She sub- mits that being a lady it is quite convenient for her to attend the Court at Udaipur and it would not be inconvenient for her husband to travel up to Jaipur.

(2). The learned counsel for the petitioner contends that looking to the fact that the petitioner was a lady who will have to travel more than 400 Kilometers up to Udaipur and face the trial of the case, so also looking to the fact that in any case the non- petitioner will have to attend the case filed by the petitioner at Jaipur, the case should be transferred from Udaipur to Jaipur. In reply, the learned counsel for the respondent states that the non-petitioner is in employment and he will have to take leave every time he had to attend the Court at Jaipur. He also submits, that he was prepared to pay the expenses involve



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