1 This is a transfer petition filed on behalf of the wife for transfer of the
Matrimonial Suit pending before the Additional District Judge, 2nd Court, Khandwa
(M.P.) to the court of the District Judge, Jodhpur, Rajasthan.
2 When the petition is taken up for consideration, it is submitted by learned
counsel appearing in support of the petition that in view of her health problems and
also having regard to the fact that she is a woman it has not been possible for the
petitioner to examine herself as a witness in the suit, which has resulted in her
evidence being closed, which will prejudice her during final arguments. She has, therefore, prayed for transfer of the suit, as indicated hereinabove. Learned counsel,
however, has not been able to explain as to why this transfer petition was not made
earlier and has now been made when the evidence of the plaintiff has been
completed and she has been represented all through-out at Khandwa.
3 Having heard learned counsel for the parties, we are of the view that for
the ends of justice, the petitioner, wife should be given an opportunity to examine
herself, and, accordingly, we set aside the order by which her evidence was closed.
We direct that the petitioner be examined on commission in Jodhpur, where she
resides, along with other such witnesses as she may be advised to examine in the
proceedings, similarly on commission.
4 We further direct that an Advocate Commissioner be appointed by the
trial court for the said purpose. Needless to say, the respondent will be entitled to
cross-examine the said witnesses also on Commission at Jodhpur. The cost of such
Commission is to be borne by the respondent.
5 The transfer petition is disposed of with the aforesaid observations.
New Delhi, December 15, 2008.