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1990 DIGILAW 430 (MP)

Lila Sahu v. Kailash Narayan Sahu

1990-11-12

D.M.DHARMADHIKARI

body1990
JUDGMENT D.M. Dharmadhikari, J. 1. This is a petition by the wife under Section 24 of the Code of Civil Procedure for transfer of Matrimonial Proceedings pending at Bhopal to Jabalpur. The husband has instituted proceedings for divorce against the wife at Bhopal, on the basis of jurisdiction derived by that Court as the parties had last jointly resided together at Bhopal, in accordance with Section 19(iii) of the Hindu Marriage Act, 1955. 2. Learned counsel appearing for the wife sought transfer of the proceedings from Bhopal to Jabalpur, firstly on the ground that wife is employed in the Co-operative Bank at Jabalpur, she had two sons who are taking education at Jabalpur and it would be inconvenient and expensive for her to attend the court proceedings at Bhopal. According to me this cannot be said to be a good ground, particularly when it is admitted that the sons are grown up, aged thirteen and fourteen and are not of the age in which they are required to accompany the mother always. So far as the expenses are concerned, the wife being employed, she can meet the same and if not, it is open to her to claim expenses under Section 24 of the Act by making suitable application to the Court at Bhopal. 3. It is then urged that the wife will be required to take leave off and on that would cause great inconvenience. So far as this inconvenience is concerned, it would apply equally to both. The husband is also employed as a stenographer in the Secretariate and if the proceedings are transferred to Jabalpur, he will also be required to obtain leave and incur expenses of journey. In a case where there is a choice of forum, the husband cannot be forced to choose a forum which is not convenient to him. 4. The counsel for the wife then submitted that on behalf of the wife, proceedings for restitution of conjugal rights have been instituted in the Court at Jabalpur and it would be Convenient that Bhopal case is transferred to Jabalpur and tried together. In the above respect, the counsel for the wife could hot dispute that restitution proceedings were instituted by the wife at Jabalpur after filing of the divorce proceedings at Bhopal. In the above respect, the counsel for the wife could hot dispute that restitution proceedings were instituted by the wife at Jabalpur after filing of the divorce proceedings at Bhopal. In such a situation provisions of Section 21-A (2)(b) of the Act are attracted which provide that if there are two petitions pending between the parties in two different Courts, the petition presented later shall be transferred to the Court in which the earlier one is pending. That apart under Section 23A of the Act, it is open to the