SHAGUFTA PARVEN Vs. SHIRAJ SIDDIQUE & TWO
LAWS(UTN)-2013-3-80
HIGH COURT OF UTTARAKHAND
Decided on March 07,2013

SHAGUFTA PARVEN Appellant
VERSUS
Shiraj Siddique And Two Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) HEARD Mr. Bharat Tewari, Advocate for the applicant. None for the respondents.
(2.) INSTANT transfer application has been filed by the applicant Smt. Shagufta Parveen seeking transfer of the Civil Suit No.14 of 2012, Shiraj Siddique vs. Shagufta Parveen, from the court of Civil Judge (Senior Division) Champawat to the competent court/Family Court at Nainital, District Nainital.
(3.) GROUND taken in the transfer application is that out of the wedlock of the applicant and the respondent no.1 a son and a daughter were born who are living with the applicant/mother. The applicant is residing at Ramnagar, District Nainital and being a lady it is not possible for her to attend the case at Champawat which is too far from Ramnagar especially when the petitioner has two small children. In the facts and circumstances of the case that applicant is a woman and has two children who are living with her, it would be difficult for her to travel from Ramnagar to Champawat to attend the court proceedings at Champawat. On the other hand, the respondent no.1 husband will have no difficulty in attending the court at Haridwar. I am fortified in my view by the judgment of the Supreme Court in the case of Sunita Singh vs. Kumar Sanjay and another, reported in AIR 2001 SC 396, wherein it has been held that wifes convenience must be looked at.;


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