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2004 DIGILAW 551 (MP)

Smt. Kirti Chouksey v. Rajiv Chouksey

2004-07-20

SHANTANU KEMKAR

body2004
Judgment ( 1. ) BY filing this Miscellaneous Civil Case the applicant/wife is seeking transfer of Civil Suit No. 45-A/2003 and Case No. 6/2003 pending before the Additional District Judge, Gadarwara, District Narsinghpur to the Court of competent jurisdiction at Hoshangabad. ( 2. ) THE material facts are that the respondent/husband had filed a Suit No. 45-A/2003 against the applicant/wife seeking divorce from her on the ground that she is incurably of unsound mind. He also filed a case numbered as 6/2003 under Guardians and Wards Act seeking guardianship of his son Aman who is with the applicant. Both these cases are pending in the Court of Additional District Judge, Gadarwara, District Narsinghpur. ( 3. ) THE applicants case is that on her report and offence under Section 498-A of the IPC has been registered against the respondent/husband and the case is pending in the Court of Chief Judicial Magistrate, Hoshangabad. Similarly one case filed by her seeking maintenance from respondent/husband under Section 125 of the Cr. P. C. is also pending in the Court of Chief Judicial Magistrate, Hoshangabad. The applicant, accordingly, prayed that the cases which are pending before Additional District Judge, Gadarwara be transferred to Competent Court at Hoshangabad. ( 4. ) SHRI D. K. Sharma, learned Counsel for the applicant has submitted that the applicant is residing with her father at Hoshangabad and since she is dependent on her father it is very difficult and expensive for her to attend the Court at Gadarwara which is at a distance of about 150 kms. from Hoshangabad. It is also submitted that on 12-3-2004 when the applicant was returning to railway station after attending the aforesaid proceedings at Gadarwara Court, she was threatened by unknown persons sent by the respondent. A complaint about this incident was made to the City Superintendent of Police, Gadarwara. Thus on the basis of inconvenience, financial burden and apprehension of danger to her life the application seeking transfer of aforesaid cases has been filed. ( 5. ) SHRI A. K. Jain, learned Counsel for the respondent has raised a preliminary objection and has submitted that a single application for transfer of two cases is not maintainable. It has been further submitted that the applicant has been granted interim maintenance amounting to Rs. 500/per month for herself, Rs. 300/- for her child and Rs. ( 5. ) SHRI A. K. Jain, learned Counsel for the respondent has raised a preliminary objection and has submitted that a single application for transfer of two cases is not maintainable. It has been further submitted that the applicant has been granted interim maintenance amounting to Rs. 500/per month for herself, Rs. 300/- for her child and Rs. 1500/- towards litigation expenses and therefore the applicant can not claim any financial burden in attending the Court at Gadarwara. He also submitted that looking to the distance between Hoshangabad and Gadarwara there is hardly any inconvenience to the applicant. So far as the police report he submitted that the same is concocted and false. ( 6. ) HOWEVER as regards the interim maintenance, the learned Counsel for the applicant has brought to the notice of this Court that the same has not been paid by the respondent to the applicant as yet. ( 7. ) I have considered the submissions made by the learned Counsel for both the sides. ( 8. ) SO far as the preliminary objection about the maintainability of this miscellaneous civil case seeking transfer of two cases, I am of the view that the objection is not tenable. The provision contained in Section 24 of the CPC gives wide power to this Court. The powers vested under Section 24 of the CPC can be exercised even suo motu. Since parties are before this Court, I find no impediment in entertaining this single application seeking transfer of two cases pending for adjudication between them. Thus this preliminary objection is rejected. ( 9. ) THE applicant is residing with her father at Hoshangabad. Two cases are already pending between the parties in the Court of Chief Judicial Magistrate, Hoshangabad. The applicant apprehends danger to her life if she visits Gadarwara to attend the cases. The respondent has not yet paid the interim maintenance as awarded to her. ( 10. ) THUS, considering the totality of the facts and circumstances of the case I deem it fit to allow this application. ( 11. ) ACCORDINGLY, this application is allowed. The Suit No. 45-A/2003 and Case No. 6/2003 pending before the Additional District Judge, Gadarwara, District Narsinghpur are transferred to the Court of District Judge, Hoshangabad who shall proceed with the case himself or may send it for adjudication to the Additional District Judge, Hoshangabad. No order as to cost.