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Madhya Pradesh High Court · body

2009 DIGILAW 293 (MP)

Rekha v. Virendra

2009-03-03

P.K.JAISWAL

body2009
JUDGMENT 1. This application under section 24 of CPC for transfer of matrimonial case bearing No. 18/07 HMA (Vijendra v. Smt. Rekha) pending in the Court of Additional District Judge, Sabalgarh, has been filed by the applicant on the ground that she is residing at Bhind alongwith her parents and distance between Sabalgarh and Bhind is approximately 190 kms, and she has no independent source of income and fully dependent on her parents and it is not possible for her to attend the matrimonial case filed by her husband- Vijendra at Sabalgarh. 2. The husband of the applicant has filed reply to this application and submitted that the distance between Sabalgarh and Bhind is approximately 100 kms, and the applicant has also lodged an FIR against him at Sabalgarh on 16.11.2007 i.e. after filing of matrimonial case, just to harass him and Police Station Sabalgarh vide Crime No. 301107 registered a case against the non-applicant under section 498-A of IPC. It is also submitted that in a proceeding under section 125 of CrPC as an interim measure learned Judicial Magistrate First Class has directed the non applicant to pay a sum of Rs. 1,000/- in case No. 18/07. He lastly submitted that father of the applicant is an influential person and is in service and she is residing with her parents till September, 2007, therefore, no case for transfer as prayed for by the applicant is made out. With the above, learned counsel for the non-applicant prays for dismissal of application. 3. Learned counsel for the applicant drew my attention to the decision of apex Court in the case of Sumita Singh v. Kumar Sanjay and another, 2002 SC 396 and submitted that in an identical circumstance, the apex Court looking to the convenience of the wife transferred the matrimonial case. In the case of Sumita Singh (supra) the distance was more than 1000 kms. whereas in the present case the distance between Sabalgarh and Bhind is only 100 kms, and non-applicant is also paying Rs.1 ,000/as an interim maintenance to the applicant. Applicant in the matrimonial case can also file an application for grant of litigation expenses and therefore, contention that due to financial hardship it is not possible for her to attend the matrimonial case at Sabalgarh cannot be accepted. Applicant in the matrimonial case can also file an application for grant of litigation expenses and therefore, contention that due to financial hardship it is not possible for her to attend the matrimonial case at Sabalgarh cannot be accepted. It may be borne in mind that the plaintiff is dominus litus and is entitled to file the case in any forum allowable by the Court and Court should not lightly change the forum and compel him to go elsewhere. Here, in the present case the wife lodged a complaint under section 498-A of IPC at Police Station, Sabalgarh and her application for interim maintenance was allowed and JMFC granted Rs. 1,000/- per month as maintenance, the applicant by filing appropriate application prays for grant of litigation and travelling expenses. 4. Considering these facts no case for transfer of matrimonial case as prayed by the applicant is made out. The application filed by the applicant has no merit and is accordingly dismissed but without any order as to costs.