Heard both sides.
The petitioner herein is the wife and is staying with her parents
at Dehradun in Uttarakhand along with her seven year old child. The
respondent-husband has filed a matrimonial Suit before the Family Court at
Agra and the petitioner says that she is not in a position to defend the case
in view of her financial condition and seeks for transfer of the case to
Dehradun. This plea is opposed by the husband as he is having bronchial
asthma and other illnesses and the transfer of the case would cause great
inconvenience to him. We do not think that this is an appropriate ground for
rejecting the transfer of the petition as the respondent can very well
prosecute his case at Dehradun.Therefore,we direct for transfer of
H.M.A.Case No.426 of 2008 pending before the Family Court at Agra to the
Family Court at Dehradun. All records be transferred by the Family Court at
Agra to the Family Court at Dehradun.
The transfer petition is allowed accordingly.