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2014 DIGILAW 92 (MP)

Radha Bai Lodhi v. Indrabhan Singh

2014-01-16

ROHIT ARYA

body2014
Judgment The petitioner in the instant case is the wife. Marriage between the petitioner and respondent was solemnized on 23/11/2002 at Village Jamunkehda, District Damoh. Two children were borne out of the said wedlock namely Virendra aged 7 years and Mohan aged 4 years as on date. The petitioner though stayed with the respondent husband at Jabalpur for few years, however since year 2007 due to serious differences between the petitioner and respondent as alleged in the petition and due to harassment and unreasonable demand of dowry, the petitioner was left with no other (Radha Bai Lodhi vs. Indrabhan Singh) alternative than to leave the husband's home and go to her parental house at Damoh and for last five years she is living at Damoh District. 2. Petitioner has filed an application under 125 of Cr.P.C. for maintenance before the Family Court, Damoh where on 18/07/2011, the Court has ordered for payment of Rs. 1700/- per month to the petitioner/wife by the respondent/husband. Petitioner complains that for last two years not a single penny has been paid to her. There is nothing on record to controvert the statement made by the petitioner to that effect. This fact is further fortified for the reasons that petitioner was constrained to file MJC No. 12/2012 for execution of the order dated 18/07/2011, the same is pending consideration. There is no dispute that the respondent has not complied (Radha Bai Lodhi vs. Indrabhan Singh) with the order passed by the family court as aforesaid. 3. On the other hand the respondent as sequel to maintenance proceedings pending consideration before Family Court Damoh, has filed a suit for divorce on the ground of cruelty and desertion as late as in the year 2013 at Jabalpur. The petitioner is served with notice of the suit. Under such circumstances the petitioner has filed the instant proceeding under Section 24 of CPC for transfer of civil suit no. 159/2013 (Indrabhan Singh vs. Radha Bai) to the IV Additional Sessions Judge, Jabalpur to Damoh for adjudication. Petitioner has contended that she has no source of income. She has two sons and respondent has not complied with the order passed by the Family Court, Damoh in the matter of payment of maintenance for last 2 years. 159/2013 (Indrabhan Singh vs. Radha Bai) to the IV Additional Sessions Judge, Jabalpur to Damoh for adjudication. Petitioner has contended that she has no source of income. She has two sons and respondent has not complied with the order passed by the Family Court, Damoh in the matter of payment of maintenance for last 2 years. Under such (Radha Bai Lodhi vs. Indrabhan Singh) circumstances as she has no means of livelihood, to add pain to injury now she is forced to attend divorce proceedings which has been instituted by the respondent/husband at Jabalpur subsequent to filing of application for seeking maintenance and that too now in the year 2013. This is nothing but to harass the petitioner. She further submits that she has no support of father who is an aged persons. 4. The application is opposed by the respondent's counsel contending that no leniency should be shown to the petitioner merely because she is a lady, transfer cannot be as matter of course. In support of the aforesaid, the respondent counsel has cited a judgment rendered by the Supreme Court in the case of Anindita Das vs. Srijit Das 2006(9) SCC, 197. 5. (Radha Bai Lodhi vs. Indrabhan Singh) After having gone through the judgment cited, true it is that the Hon'ble Supreme Court has observed that in the matter of transfer of suit at the instance of the wife, this petition should not be dealt with leniently as a matter of course. At the same time the Hon'ble Supreme Court further observed that each petition required to be considered on its own merits. 6. Keeping in mind the observation made by the Hon'ble Supreme Court and considering the factual matrix of the case in hand, this court is of the firm opinion, that the petitioner being a lady with two sons having no source of income residing with her aged father is being forced to appear in divorce proceeding instituted by the respondent husband at Jabalpur as late as in 2013 and that to without complying with the order passed by Family Court Damoh, way back on 18/07/2011 for payment of maintenance to 8. (Radha Bai Lodhi vs. Indrabhan Singh) the petitioner @ 1700/- per month for which petitioner was constrained to file application for execution of the order so passed, interference by this Court under Section 24 of Cr.P.C. is warranted ordering transfer of Civil Suit No. 159/2013 pending before the IV Additional Sessions Judge, Jabalpur to the competent Court at Damoh, District. 9. Accordingly, Civil Suit No. 159/2013 (Indrabhan Singh Vs. Radha Bai Lodhi) pending before the IV Additional Sessions Judge, Jabalpur ordered to be transferred to the competent Court at Damoh, District. 10. With the aforesaid, application is allowed and disposed of. Certified copy as per rules.