ORDER 1. In this application filed under section 24 of of the Code of Civil Procedure, the applicant/wife prayed for following relief: "It is accordingly prayed that this Hon'ble Court may kindly be pleased to transfer the Civil Suit No. RCS-HM/01/2019 filed by non-applicant under section 10 of Hindu Marriage Act before Link Court Junnardeo, District Chhindwara (M.P.) to District Court Seoni (M.P.)." 2. The applicant prayed for transfer of the said matter solely on the ground that she has one year child and has no other male member to look after her when she is required to travel to attend the case before aforesaid Link Court at Junnardeo. 3. Shri Rakesh Padney, learned counsel for the applicant submits that in order to attend the proceedings at Junnardeo, the applicant is required to travel from Kelwari to Seoni (35 KM), from Seoni to Chhindwara (75KM) and from Chhindwara to Link Court Junnardeo (45 KM). She is required to even change the buses on more than one occasion to reach to the destination (Junnardeo). It is very difficult for her to attend the proceedings and it will be convenient for the husband to travel all the way to Seoni if matter is transferred there. Reliance is placed on 2010(II) MPWN 94 = 2010 (2) MPLJ 633 (Saroj Devi Kushwaha v. Satendra Singh Kushwaha). 4. Prayer is opposed by Shri Subodh Tamrakar, learned counsel for the respondent by contending that the distance is not much far which requires transfer of this matrimonial matter. The applicant can very well attend the proceedings at Junardeo. 5. No other point is pressed by learned counsel for the parties. 6. I have heard learned counsel for the parties at length and perused the record. 7. In the case of Saroj Devi Kushwaha (supra), this Court opined as under: "7. A perusal of section 24 of the Code of Civil Procedure demonstrate that it empowers the High Court to transfer any suit, appeal or other proceedings to any other Court (which is subordinate to it) and competent to try and dispose of the same. In the present case the applicant/wife has invoked section 24 of CPC on the ground that she reside in an interior village of Morena District and it would be difficult for her to attend the hearing before the District Court situated at Gwalior, due to aforesaid reasons. 8.
In the present case the applicant/wife has invoked section 24 of CPC on the ground that she reside in an interior village of Morena District and it would be difficult for her to attend the hearing before the District Court situated at Gwalior, due to aforesaid reasons. 8. While analyzing the scope of section 24 Civil Procedure Code and power of a Court to transfer a case, the Supreme Court has observed in a case, reported as 2008(4) MPLJ (SC) 9 = (2008)3 SCC 659 Kulwinder Kaur v. Kandi Friends Education Trust, that convenience of the litigating parties at a particular place of trial, having regard to the nature of the evidence and issues raised by the parties must be considered and only thereafter, the power of transfer of a suit or appeal should be exercised by the Court, in the interest of justice. For ready reference relevant observation of the Supreme Court made in the case of Kulwinder Kaur v. Kandi Friends Education Trust, 2008(4) MPLJ (SC) 9 = (2008)3 SCC 659 are quoted herein below: 22. Although the discretionary power of transfer of cases cannot be imprisoned within a straitjacket of any cast-iron formula unanimously applicable to all situations, it cannot be gainsaid that the power to transfer a case must be exercised with due care, caution and circumspection. 23. Reading sections 24 and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by Courts. They are balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; issues raised by the parties; reasonable apprehension in the mind of the litigant that he might not get justice in the Court in which the suit is pending; important questions of law involved or a considerable section of public interested in the litigation; "interest of justice" demanding for transfer of suit, appeal or other proceeding, etc. Above are some of the instances which are germane in considering the question of transfer of a suit, appeal or other proceeding.
Above are some of the instances which are germane in considering the question of transfer of a suit, appeal or other proceeding. They are, however, illustrative in nature and by no means be treated as exhaustive, if on the above or other relevant considerations, the Court feels that the plaintiff or the defendant is not likely to have a "fair trial" in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the Court to make such order. 9. Therefore looking to the alleged apprehension and the alleged cruel behaviour of the husband and further in view of the locational advantage of the applicant-wife, it would be in the interest of justice to transfer the proceedings from Gwalior to Morena. Consequently (Old Suit No. 139- A/2008) New Suit No. 58-A/2009 pending before the family Court Gwalior is transferred to District Court, Morena for its disposal on merits." 8. In the instant case also, the applicant is residing in a small place, namely, Kewlari. She has a small child to look after. In view of quality of transport facility and other factors, it can be presumed that the applicant must be facing lot of difficulties in travelling from Kewlari to Junnardeo. Considering the aforesaid and in consonance with the principles laid down in Saroj Devi Kushwaha (supra), I deem it proper to direct that Civil Suit RCS-HM/01/2019 be transferred from Link Court Junnardeo (Chhindwara) to Family Court/Competent Court at Seoni. 9. Registry shall communicate this order to both the Courts aforesaid forthwith. 10. The application is allowed.