Savita Rai vs Sunil Kumar Rai

U.C. Maheshwari, J.

This petition is directed by the applicant Smt. Savita Rai, wife of respondent Sunil Kumar Rai u/s 24 of CPC for transferring Civil Suit No. 31-A/04, from the Court of Additional District Judge, Sihora, District Jabalpur to competent Court of District Chhindwara for further trial of the case as she is resident of territorial jurisdiction of District Court Chhindwara.

It is not in dispute that respondent has filed an application u/s 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act. The same is registered as C.S. No. 31 -A/2004 and pending before Additional District Judge Sihora District Jabalpur. It is also not in dispute that at present appellant is residing at Nagar Panchayat Chanda Meta, Parasia District Chhindwara. The matter is relating to divorce proceedings but at this juncture mentioning the merits of the matter is not required. The difficulty and inconvenience of the appellant are to be examined in view of the averments made in this petition.

As per averments of the petition appellant has been neglected and deserted by respondent, on insisting by respondent now a days she is residing at Chanda Meta. The appellant being a household lady has no source of income and she also not having any responsible person in the family who may bring her to Sihora for attending the hearing of said case on each and every dates. It is not possible for her to come alone. Beside this she has also having infant son who is getting education at Chanda Meta. In view of aforesaid reasons appellant is unable to go and attend the case at Sihora. Thus, she prayed for transferring the pending case from Sihora to Competent Court Chhindwara. This, application is also supported with an affidavit of the applicant.

Respondent has not filed any reply of it, even no one has appeared to oppose the prayer of the petitioner.

Having heard Learned Counsel for the applicant, I am of the considered view that aforesaid pending case be transferred from the said Court Sihora to Competent Court Chhindwara because of following reasons;

A. Applicant is residing with her parents at Chhindwara, where no person is available to bring her to Sihora for attending the case on each and every dates.

B. She has also having a infant son, thus, it would be difficult for her to come along with son or by leaving her son at the residents of parents. She has no source of income to bear the expenses of aforesaid traveling and other expenses. Beside, it the convenience of parties should be seen before transferring any of the matter from one Court to another.

At an earlier occasion the Apex Court has also answered this question in the matter of Sumita Singh Vs. Kumar Sanjay and Another, in which it is held as under :

This is a transfer petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Ara, Bhojpur to Delhi. It is her case that she is now living and working in Delhi and that she would be unable to travel up and down from Delhi to Ara, a distance of about 1100 Kilometers from Delhi to defend the matrimonial proceedings. She also states that she has no one with whom she can stay in Ara because her parents are residents of Gurgaon.

Learned Counsel for the husband states that the wife is an educated woman who is doing very well and can, therefore, travel to Ara while the husband is unemployed.

It is the husband''s suit against the wife. It is the wife''s convenience that therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute.

According, Matrimonial Case No. 30 of 2000 pending before the Vlth Additional District and Sessions Judge, Ara, Bhojpur, Bihar shall stand transferred to the District Judge, Delhi, who shall hear it himself or assign it for hearing to an appropriate forum.

In view of the aforesaid dictum of the Apex Court the facts and circumstances of the case at hand appears to be identical till some extent as the applicant is residing with her son in the family of her parents at Chanda Meta. As per contention of the petition the respondents has filed the proceedings on the ground of cruelty and desertion. It has also been said that the applicant is not having source of income or any responsible person in the family who may spend the amount and bring her to Sihora on each and every date for attending the case. It is not possible for her to bring her infant son on every date of hearing to Sihora or by leaving him at Chanda Meta with her parents. In such circumstances, if the trial is proceeded only at Sihora or then certainly it create inconvenience to the applicant.

Thus, on consideration petition is allowed and C.S. 31-A/04 pending in the Court of Additional District Judge, Sihora District Jabalpur is hereby transferred for further trial to the Family Court Chhindwara, if Family Court is not functioning there in such circumstances the case would be tried by the Court of District Judge, Chhindwara in accordance with law. Concerning Courts be intimated about this order. This case be transferred immediately on receiving the information of this order.

Petition is allowed. C.C. as per rules.