Smt. Anjo Bai @ Asha Bai vs Raj Kishor Yadav

In this application filed by the wife under Section 23(2) r/w Section 24 of the Code of Civil Procedure, the wife has prayed for transfer of Civil

Suit No.53- A/2011 from the Court of Additional District Judge, Panna to the Court of District Judge, Katni.

Briefly stated, the facts are that the marriage between the parties was solemnized on 11-05-2009 at Village Pouniya. The case of the applicant

is that after the marriage, the respondent and his family members started demanding dowry. They harassed, assaulted and victimized the applicant.

The applicant filed MJC. No.33-A/11 under Section 125 of the Cr.P.C. before Judicial Magistrate First Class, 1 Katni. The said Court by order

dated 05-03-2012 directed the husband to provide interim maintenance. In turn, the husband filed Civil Suit No.53-A/11 against the applicant

under Section 9 of the Hindu Marriage Act before the said Court at Panna.

The applicant contended that the respondent and his family members are threatening the applicant and forcing her to enter into a compromise.

Regarding said threatening, the applicant preferred various complaints filed as Annexure A/1 to A/4 before various authorities. The applicant has

no source of income and she is dependent upon her parents. For these reasons, she prayed for transfer of the matter. This Court on 13-04-2012

passed an interim order and stayed the proceedings of Civil Suit No.53-A/11. The respondent has not filed reply till date and nobody appeared

for the respondent even in the pass over round. As per Registry Note dated 18-04-2013, the respondent is served.

In the aforesaid factual backdrop ground, the basic question is whether the Civil Suit should be directed to be transferred. The point involved in

this case is no more res integra. In the recent judgment reported in 2017 (2) MPLJ 123 (Apeksha Yadav vs. Amit Kumar Yadav), this Court held

that the wife staying at Bhopal is facing a divorce petition by her husband filed at Pipariya (Hoshangabad), the apprehension in the mind of wife is

that if she goes to Pipariya to depose her statement, she may be subjected to an untoward incident by the respondent. This Court directed to

transfer the matter.

After considering the judgment reported in 2010 (4) MPLJ 391 (Jyoti Bangde vs. Sanjay Bangde), this Court directed to transfer the matter to

Bhopal. Similarly, in another recent judgment 2017 (3) MPLJ 461 (Veena vs. Subhash Rao), the Court has taken the same view. In 2017 (4)

MPLJ 196 (Saifali Saraf vs. Aantriksha Saraf), another Bench of this Court has taken the same view and directed for transfer of the matter.

Considering the aforesaid, I find justification in the prayer of the applicant seeking transfer of Civil Suit No.53-A/11. Accordingly, this

application is allowed. The matrimonial matter i.e. Civil Suit No.53-A/11 is directed to be transferred from the Court of Additional District Judge,

Panna to the Court of District Judge, Katni. The Court at Panna shall forthwith send the record to Family Court, Katni. The Family Court Katni

shall proceed with the matter in accordance with law.