Smt. Shalini Darekar vs Ashish

S.B. Sakrikar, J.—The Counsels are heard on the application filed on behalf of thze petitioner (wife) u/s 24 of the C.P.C. for transfer of Hindu Marriage Case No. 6/99 pending in the Court of IInd ADJ, Shajapur to any Court of competent jurisdiction at Indore, Barwaha or Vidisha. In the subsequent application filed on behalf of the applicant, LA. No. 1752/2001, the petitioner submitted that the aforesaid case may be transferred to competent Court at Indore. On behalf of non-applicant, no written reply is filed to the aforesaid application. However, the learned Counsel apearing for the non-applicant does not have any objection if the pending case at Shajapur is transferred to competent Court at Indore.

On considering the facts stated in the application, it emerged that the non-applicant Ashish Kumar has filed an application before the ADJ, Shajapur u/s 9 in the alternative u/s 13 of the Hindu Marriage Act against the applicant for grant of decree for restitution of conjugal rights or a decree of divorce. In the application, it is stated that the petitioner (wife) at present residing at Village Bedia, District Khargone along with her parents whereas non-applicant husband is a resident of village Pachore, Tehsil Sarangpur, District Rajgarh. Taking into consideration, the aforesaid facts that Indore is situated in the middle of the residence of the applicant as well as non-applicant and as the non-applicant does not have any objection if the petition filed on his behalf under Sections 9 and 13 of the Hindu Marriage Act is transferred to competent Court at Indore in view of the convenience of the parties, the application is allowed and the Hindu Marriage Case No. 6/1999 pending in the Court of IInd ADJ, Shajapur is directed to be transferred for disposal in accordance with the law to Court of District Judge dealing with the matrimonial case. Copy of this order be sent to the respective Courts through the District Judge, Shajapur and Indore for information and compliance. No orders as to costs.

C.C. to both on charges.