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1990 Supreme(All) 868

R.P.SINGH
Shobha Katiyar – Appellant
Versus
Narendra Kumar Dass – Respondent


Advocates Appeared:
For the Appellant : S.D. Pathak
For the Respondent: N.K. Saxena

JUDGMENT :

R.P. Singh, J.

By means of this transfer application the applicant has prayed for transfer of petition No. 103 of 1986, Narendra Kumar Dass v. Smt. Shobha Katiyar u/s 13 of Hindu Marriage Act pending in the Court of Civil Judge, Varanasi to the Court of Civil Judge Farrukhabad.

2. The facts briefly are that the applicant who is the wife has been neglected by her husband opposite party who had gone to Quwait and even though he returned back after number of years, the opposite party and her family members started ill-treating and assaulting the Petitioner due to which the Petitioner had to come to Farrukhabad. The applicant was hence compelled to file a suit for restitution of conjugal rights in the year 1983 at Farrukhabad which is pending before the Civil Judge. As a counter blast the opposite party who is the husband, after three years of the suit instituted by the applicant, filed the petition u/s 13 of the Hindu Marriage Act at Varanasi on frivolous grounds to put pressure on the applicant and harass her. It is averred in the affidavit filed on behalf of the applicant that her father is already dead and she has no source of income and cannot do pairvi of her case at Vara



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