Smt. Seema Goyal vs Chhatrapal

Shantanu Kemkar, J.—With consent heard finally.

Through this application filed u/s 24 of the CPC, the applicant/wife is seeking transfer of Civil Suit No. 6-A/2003, filed by respondent/husband under Sections 9 and 13 of the Hindu Marriage Act, pending in the Court of Additional District Judge, Begumganj, District Raisen to the Court of District Judge, Mandla.

The applicant''s case is that she is residing at Niwas District Mandla and it is difficult for her to attend the case filed by the respondent at Begumganj. Her father is a retired Government servant and has undergone an open heart surgery and as such he is not in a position to travel alongwith her. She is having a minor daughter aged about 9 years. It is also stated in the application that Niwas is about 500 Kms from Begumganj. There is no direct rail connection for going to Begumganj. The applicant is required to come to Jabalpur by bus, thereafter, to go Sagar by Train, stay at Sagar in the night and thereafter start in the morning from Sagar by road to reach Begumganj. In this way, the applicant has stated that it is very much difficult for her to attend the Court at Begumganj.

In support of the above submission, learned Counsel appearing for the applicant has relied upon the judgments of the Supreme Court which are Sumita Singh Vs. Kumar Sanjay and Another, , Seema v. Rakesh Kumar , Archana Singh Vs. Alok Pratap Singh, , Theja V. Nagarjuna Vs. V. Nagarjuna, , Lalita A. Ranga Vs. Ajay Champalal Ranga, .

Shri A.K. Choubey, learned Counsel appearing for the respondent/husband has submitted that the applicant is a well educated lady and is a practicing Advocate. She has not made any allegation about threat or danger to her life. It is further submitted that the witnesses of the respondent are from Begumganj and therefore, the respondent would suffer great hardship if the case is transferred from Begumganj to Mandla.

I have considered the submissions made by the learned Counsel for both the sides. In my view, the application deserves to be allowed. The applicant has categorically stated that Niwas is an interior place, from where it is very difficult to reach Begumganj, a distance of about 500 Kms. Her father is suffering from serious ailment and is not in a position to accompany her. She is having a daughter aged 9 years.

In the aforesaid circumstances the application deserves to be allowed and the same is hereby allowed. The Civil Suit No. 6-A/2003 pending in the Court of Additional District Judge, Begumganj, District Raisen is transferred to the Court of District Judge, Mandla who shall proceed with the case in accordance with law. No order as to costs.