Mamta Dharmpal vs Lalchand Dharampal

M.A. Siddiqui, Judge

Heard finally at motion stage with the consent of both counsel for the parties. This petition u/s 24 of the Code of Civil Procedure, 1908 (hereinafter referred to for short ''the CPC'') has been filed in order to transfer case No. 83-A/11 (Smt. Mamta Dharmpal Vs. Shri Lalchand Dharmpal) which is pending in the court of learned 3rd Additional District Judge (FTC) Katni u/s 13 of Hindu Marriage Act, 1955 for dissolution of marriage to the court of District Judge, Umariya.

Learned counsel for the applicant/petitioner submits that applicant is a lady and on her behalf three cases filed and are pending at Umariya Court one u/s 9 of Hindu Marriage Act pending before Additional District Judge Umariya bearing case No. 4-A/12 and two criminal cases are also pending before Chief Judicial Magistrate Umariya District Umaria vide case No. 1148/11 and criminal case before the court of Judicial Magistrate First Class, Umariya u/s 125 Cr. P.C. It has also been submitted that applicant also went to Katni in order to defend case she was threatened on 4.4.2012 non-applicant/respondent along with 4- 5 persons came and threatened her before her cousin Mohan Ahuja for this a written report in PS Katni has been lodged and a copy has been filed with this petition.

Reliance has been placed on a case Anita Shrivastava v. Ashish Saena (2006(1) M.P. Weekly Notes Note No. [59] page 154 and Vandna v. Angad Singh Jadav 2006 (I) M.P.L.J. 463 wherein it has been held that husband has filed petition to call wife at different district then being lady she can not come freely to attend the case hence case should be transferred to the district of her residence and convenience of lady should be seen Sumita Singh Vs. Kumar Sanjay and Another, is relied on.

Learned counsel for the respondent submits that false case has been lodged by applicant at Katni and under Hindu Marriage Act anomoly has been granted in favour of applicant including expenditure of Rs. 200/- per date and Rs. 1,500/- has been paid to her on 1.4.2012. A certified copy of order-sheet of the Court at Katni has been filed together with this petition. Since case is of Civil Nature and petitioner has been given money for her presence in Court.

On due consideration of the facts and circumstances of the case and taking into consideration that three cases are also pending before the Court of Umariya including the case of Hindu Marriage Act, the convenience lies in favour of the applicant hence this petition is allowed and it is directed that the case u/s 13 of the Hindu Marriage Act pending before Third Additional District Judge (FTC) Katni is hereby transferred to the Court of District Judge, Umariya for further hearing, trial and for disposal according to law.

To the above extent this petition is allowed.

A copy of this order be sent to the concerned courts for compliance. Certified copy as per rules.