Mrs. Sangeeta vs Vivek Shrivastava

A.K. Awasthy, J.—This order shall dispose of the application filed by the appellant u/s 24 of the C.P.C. for transfer of the Hindu Marriage Case No. 49-A/2002 from the Family Court, Ujjain to Family Court at Gwalior.

The case of the applicant is that the marriage in between the applicant and the non-applicant was solemnised on 17.4.2000 at Bhopal according to the Hindu rites and customs. That the applicant ill-treated by the non-applicant and his family members for fulfilling their greed of dowry and the applicant was left by the non-applicant at Gwalior Railway Station on 27.10.2000. It is further pleaded by the applicant that she has filed an application u/s 125, Cr.P.C. before the Court of C.J.M. Gwalior and has also lodged a report against the non-applicant, arising out of which a criminal case under Sections 498A, 406 and 506, IPC and Section 3/4 of the Dowry Prohibition Act is pending in the Court of J.M.F.C. Gwalior. The applicant has alleged that she has no source of income and she is sick and not in a position to attend the case at Ujjain regularly and as such the case be transferred from Family Court Ujjain to Family Court at Gwalior.

From the Annexures- A/5 and A/6 it is clear that on account of the petition filed by the applicant a case u/s 125, Cr.P.C. and another case under Sections 498A, 406 and 506, IPC and Section 3/4 of the Dowry Prohibition Act is pending in different Courts at Gwalior. The applicant is a housewife and an affidavit is filed by her to this effect that she is sick and unable to meet the expenses of going to Ujjain, staying there and defending the case. It is submitted by the learned Counsel for the applicant that the non-applicant is already attending the case at Gwalior and as such the case filed by non-applicant for divorce be also transferred to family Court at Gwalior for its adjudication.

In view of the aforesaid circumstances the application u/s 24 of the CPC filed by the applicant for transfer of the case deserves to be allowed. Consequently, it is ordered that the Matrimonial Case No. 49-A/2002 pending in the Family Court at Ujjain be transferred to Family Court at Gwalior for its adjudication.