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Madhya Pradesh High Court · body

1994 DIGILAW 107 (MP)

Sunita Bai v. Rishabh Kumar Jain

1994-02-07

D.M.DHARMADHIKARI

body1994
JUDGMENT This is an application under section 24 of the Civil Procedure Code by the wife for transfer of the matrimonial case registered as C.S. No. 51-N92 in the Court of First Additional District Judge, Katni, filed by the non-applicant-husband seeking a decree of divorce under the provisions of the Hindu Marriage Act, 1955. The application is supported with an affidavit stating the grounds of transfer of the case. Amongst other grounds, the relevant grounds mentioned are that Criminal Case No. 1843/83 has been instituted on false allegations by the non-applicant-husband against the brother of the applicant-wife at Katni. It is also stated that proceedings for recovery of arrears of maintenance under section 125 and 127 of the Cr. Procedure Code against the husband are pending in the Court at Burhar near Shahdol and the husband is attending that case. In the affidavit filed, it has been also stated that the arrears of maintenance in the sum of Rs. 9,875/- have not yet been paid by the husband which are due for recovery under section 125 of the Cr. Procedure Code. The wife has also stated on affidavit that expenses for Railway journey from Burhar to Katni, where the case is instituted, along with an escort, comes approximately to Rs. 132/- per trip. The learned counsel for the husband very strongly opposes the prayer for transfer of the case pending in Katni Court. It is stated that he has filed a counter affidavit opposing the transfer petition. It is stated that the brother of the wife had made an attempt to assault the husband at Katni and the transfer of the case to Shahdol would be very hazardous and inconvenient to the husband. Having considered the submissions made by the learned counsel for parties, in my opinion, there are circumstances on record to show that peaceful trial at Katni of the matrimonial cause may not be possible looking to strained relations between the two parties. The wife is living with her relation and has no means of earning. There is no counter affidavit filed to show that the husband has cleared the amount of maintenance due against him. The fact of incident and pendency of pending criminal case between the husband and the brother of the applicant-wife has also not ben denied. The wife is living with her relation and has no means of earning. There is no counter affidavit filed to show that the husband has cleared the amount of maintenance due against him. The fact of incident and pendency of pending criminal case between the husband and the brother of the applicant-wife has also not ben denied. There is, thus, a reasonable basis for the wife to apprehend that her going to Katni to attend the case may result again in some unpleasant incident. The husband is attending the criminal case at Burhar. The nearest matrimonial Court from Burhar, where the wife lives, is at Shahdol. I, therefore, consider this to be a fit case for transfer of the matrimonial proceedings between the parties from Katni Court to the Court at Shahdol. For the aforesaid reasons, the application is allowed. C.S. No. 51-N92, pending in the Court of First Additional District Judge, Katni, is hereby transferred for hearing and disposal on merits to District Judge, Shahdol to be tried in that Court or in any other competent Court at Shahdol. In the circumstances, there shall be no order as to costs.