SUPREME COURT OF INDIA

Before:- S.S.M. Quadri and S.N. Phukan, JJ.

Transfer Petn. (Civil) No 458 of 1999. D/d. 13.11.2000.

Anuradha Dalal - Petitioner

Versus

Rohit Dalal - Respondent

Civil Procedure Code, 1908, Section 24 - Transfer of Case - Transfer of case - Application pending in Family Court at Jaipur sought to be transferred by wife at Haryana on the ground that she was living in Haryana, had to travel large distance for about 8 hours - Husband pleaded that father of the wife was very influential person, it would not be conducive for him to have proceedings conducted in Haryana - Parties agreed that instead of Haryana, case may be transferred to Delhi - Transfer of the case to District Judge, Delhi accepted.

[Paras 2, 3 and 4]

Cases Referred :-

Major Rohit Dalal v. Anuradha Dalal, Application No. 145 of 1998.

ORDER

The petitioner is the wife of the respondent. She seeks transfer of Application No. 145 of 1998 (titled Major Rohit Dalal v. Anuradha Dalal) pending in the Family Court No. 1, Jaipur (Rajasthan) to the Component Court of District Judge at Bhiwani (Haryana).

2. The ground on which transfer of the case is sought is that she is leaving in Bhiwani (Haryana) and has to travel a distance of 300 km. (one way) which takes about 8 hours to reach Jaipur; that since in the Family Court at Jaipur advocates are not permitted, she has to attend on every date of hearing which is causing rate hardship. The respondent, it is submitted, is also not residing in Jaipur but is residing at different places for discharging is offcial duties. Therfore, it would not cause any inconvenience to the respondent also.

3. In the counter affidavit, filed by the respondent, it is not disputed that in Jaipur the parties have to be present in person and the advocates are not permitted. However, what is stated in that the father of the petitioner have lot of influence and, therefore, it would not be conducive for the respondent to have the proceedings conduted in Bhiwani, which fact is denied by the petitioner.

4. The learned counsel for the parties, however, agreed that instead of Bhiwani the case may be transferred to any Court in Delhi. For the aforementioned reasons, we order transfer Application No. 145/98 to the District Judge for trial. The Transfer Petition is allowed accordingly.

Petition allowed.