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2017 DIGILAW 123 (MP)

Padma @ Payal Verma v. Pankaj Verma

2017-01-23

ROHIT ARYA

body2017
ORDER : Rohit Arya, J. 1. Applicant-wife has approached this court under Section 24 of CPC seeking transfer of the case No.61/2016 HMA under Section 13 of the Hindu Marriage Act pending in Sabalgarh, District Morena to Sadora, District Ashok Nagar. 2. Learned counsel for the applicant contends that earlier the respondent-husband had filed a suit for divorce under Section 13 of the Hindu Marriage Act, whereas the proceeding for permanent alimony under Section 125 of CPC and that of Section 498 of IPC were pending consideration in the court at Ashok Nagar. Therefore, the petitioner had moved before this court by filing MCC 248/2009 for transfer of divorce case to the file of Family Court at Ashok Nagar, which was allowed vide order dated 28.10.2009. However, thereafter the divorce case filed by the respondent-husband was dismissed for want of prosecution. 3. After five years therefrom, the respondent-husband has again filed a suit for divorce under Section 13 of the Hindu Marriage Act in the Family Court Sabalgarh. Therefore, now the petitioner seeks transfer of the said case to the file of Family Court, Ashok Nagar. 4. Counsel for the applicant contends that the applicant has no independent source of income and therefore it is difficult for her to attend the proceeding at Sabalgarh, a place at a distance of more th350 km. from Ashok Nagar. 5. Per contra, Shri Jagdish Singh, learned counsel for the respondent submits that the applicant has adopted dilatory tactics by avoiding service of notice and causing undue delay in completion of divorce proceeding at Sabalgarh. By filing such application, the applicant is intending to delay the proceeding for no justifiable reason. 6. Heard. 7. In obtaining facts and circumstances, in the opinion of this court, it is a fit case for transfer of Case No.61/2016 HMA pending before the First Additional Sessions Judge, Sabalgarh, District Morena to the file of Family Court Ashok Nagar. 8. Accordingly, petition is allowed. Case No.61/2016 HMA pending before the First Additional Sessions Judge Sabalgarh, District Morena, filed by the respondent - husband, is hereby ordered to be transferred forthwith from such court to the Family Court, Ashok Nagar, District Ashok Nagar for further trial and adjudication in accordance with law. 9. 8. Accordingly, petition is allowed. Case No.61/2016 HMA pending before the First Additional Sessions Judge Sabalgarh, District Morena, filed by the respondent - husband, is hereby ordered to be transferred forthwith from such court to the Family Court, Ashok Nagar, District Ashok Nagar for further trial and adjudication in accordance with law. 9. The Registry is hereby directed that both the courts below be intimated in that regard and the applicant-wife is also directed to submit a copy of the order passed today before the concerned court at Sabalgarh, District Mornea, where the case is pending, for necessary compliance. No order as to costs. C.C. as per rules.