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1996 DIGILAW 748 (MP)

Deepak Shukla v. Smt. Savitri

1996-08-23

N.P.SINGH

body1996
JUDGMENT N.P. Singh, J. 1. This is an application for modification/review of the order dated 29.9.1995 passed in Misc. Civil Case No. 280/95 under Section 24 of the Hindis Marriage Act, 1955 whereby Civil Suit No. 83-A/94 pending in the Court of Third Additional District Judge, Bhopal was transferred to the Court of First Additional District Judge at Katni at the instance of the non-applicant/wife in absence of the Counsel of the applicant/husband. 2. It appears that the non-applicant is legally wedded wife of the applicant, but the marriage between them has broken. The non-applicant/wife has moved an application under Section 9 of the Hindu Marriage Act, 1955 against the applicant/ husband for restitution of conjugal rights and same is pending in the Court of First Additional District Judge at Katni. Mr. Mahendra Kumar Chanpuriya, Advocate- father of the non-applicant has also filed Civil Suit No. 303-A/94 for permanent injunction for restraining the applicant/husband from re-marrying. 3. The grievance of the applicant is that he is not getting any lawyer to represent him at Katni as his wife/non-applicant is the daughter of Mr. Mahendra Kumar Chanpuriya an Advocate of Katni. On one occasion he visited the Katni Court alongwith Mr. Rajendra Shukla, Counsel of Bhopal to defend him, but he was assaulted for which Counsel was provided police protection by the Court. 4. After filing this M.C.C. both the parties were called in Chamber and effort was made to bring about the re-conciliation between them, but the same has failed. 5. Since the applicant/husband is not getting any Counsel to represent him at Katni, it is, therefore, desirable in the interest of justice that Civil Suit No. 83-A/94, which was transferred from the Court of Third Additional District Judge, Bhopal to the Court of First Additional District Judge at Katni is now transferred to the Court of First Additional District Judge at Jabalpur. Civil Suit No. 14-A/95 filed by the non-applicant/wife against the applicant/husband, which is pending in the Court of First Additional District Judge at Katni is also transferred to the Court of First Additional District Judge, Jabalpur for disposal in accordance with law alongwith Civil Suit No. 83-A/94. Civil Suit No. 303-A/94 filed by the father of the non-applicant Mr. Civil Suit No. 14-A/95 filed by the non-applicant/wife against the applicant/husband, which is pending in the Court of First Additional District Judge at Katni is also transferred to the Court of First Additional District Judge, Jabalpur for disposal in accordance with law alongwith Civil Suit No. 83-A/94. Civil Suit No. 303-A/94 filed by the father of the non-applicant Mr. Chanpuriya, which is pending in the Court of Civil Judge, Class-I, Katni is also transferred to the Court of First Additional District Judge, Jabalpur for disposal in accordance with law. 6. The order dated 29.9.1995 passed in M.C.C. No. 280/95 is modified to this extent and the petition is disposed of accordingly.