IN THE SUPREME COURT OF INDIA

   CIVIL ORIGINAL JURISDICTION

     TRANSFER PETITION(C) NO.422   OF  2008

   ANJU ...   Petitioner(s)                         Versus    VISHNU ...  Respondent(s)

O R D E R  

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.   

             ...................J.                                 (ALTAMAS KABIR)   

            ...................J.                         (MARKANDEY KATJU)           

New Delhi, December 15, 2008.