Smt. Sonal alias Himanshi Tanwani vs Deepak Tanwani

Brij Kishore Dube, Judge

Heard and perused the record. This transfer petition u/s 24 of the Code of Civil Procedure, 1908 is preferred on behalf of the applicant/wife for transferring the Civil Suit No. 244-A/2011 which has been filed by the non-applicant/husband before the Family Court, Gwalior from such Court to Morena for its further trial.

According to the applicant, her marriage was solemnized with the non-applicant on 12/12/06, as per Hindu rites and customs at Dabra and after marriage, they lived together as wife and husband. She was ill-treated by the non-applicant and his family members for dowry. She was ousted from the house of in-laws in the month of May, 2007 by the non-applicant and thereafter, she came to her parental house and living with them at Morena. It was further pleaded by the applicant/wife that she has filed an application for maintenance u/s 125 of the Code of Criminal Procedure, 1908 (hereinafter referred to as the Code) at Morena and also lodged a report against the non-applicant and his family members, arising out of which a criminal case u/s 498-A of the Indian Penal Code is pending in the Court of J.M.F.C., Morena. It was further pleaded that the maintenance application u/s 125 of the Code was allowed and the non-applicant was directed to pay Rs. 1,500/- per month as maintenance but the non-applicant has not paid anything and despite that, he has filed a divorce petition u/s 13 of the Hindu Marriage Act, 1955 against her which is registered as Civil Suit No. 244-A/2011 (Deepak Tanwani Vs. Smt. Sonal alias Himanshi Tanwani) and is pending before the Family Court, Gwalior. The applicant has no source of income and she is unable to come alone to attend the Court at Gwalior regularly and, therefore, prayed for transferring the case from the Family Court, Gwalior to the competent Court at Morena.

In spite of service of notice, none has appeared on behalf of the non-applicant/husband.

Consequently, this petition is allowed and the Civil Suit No. 244-A/2011 (Deepak Tanwani Vs. Smt. Sonal alias Himanshi Tanwani) pending before the Family Court at Gwalior is hereby ordered to be transferred forthwith from such Court to the District Court, Morena, who shall hear it himself or is assigned it for hearing to the appropriate Court for its further trial and adjudication in accordance with law.

The Registry is hereby directed that both the Courts below be intimated in this regard and the applicant/wife is also directed to submit a copy of this order before the Family Court, Gwalior in which the case is pending for necessary compliance. No order as to cost. Certified copy as per rules.