Smt. Uma Devi vs Kamlesh

N.K. Mody, J.

This order will dispose of the application filed u/s 24 C.P.C. by the wife, whereby it is prayed that divorce petition filed by the respondent u/s 13(1-A) of Hindu Marriage Act registered as H.M.C. No. 365/ 2004 pending in the court of District Judge (Family Court) Indore be transferred to the Family Court at Jabalpur.

It is alleged in the petition that marriage took place between the parties on 31.10.1999 and out of the wedlock, there is a daughter namely Aarti. It is alleged that since respondent is a heavy druncard and used to harass & torture the petitioner, therefore, a compromise took place between the parties on 12.5.2003, wherein respondent confessed the allegations and agreed that in future his parents, brother & sister shall not harass and torture the petitioner. Thereafter, the divorce petition has been filed at Indore. It is submitted that petitioner is not in a position to contest the case at Indore because she belongs to a poor family and her livelihood along with small daughter is at the mercy of parents. Petitioner has shown her inability to arrange the evidence or to cross examine the witnesses to be examined by the respondent, effectively.

Learned counsel for the petitioner has placed reliance on the following decisions reported in Sumita Singh Vs. Kumar Sanjay and Another, ; Seema v. Rakesh Kumar , Seema Vs Rakesh, 2000(3) SCC 744 Theja V. Nagarjuna Vs. V. Nagarjuna, ; Lalita A. Ranga Vs. Ajay Champalal Ranga, Lalita A Rangrajan Vs. Ajay Rangrajan.

Respondent has not filed the reply of the petition but has challenged the jurisdiction of this Court on the ground that since the matter is pending at Indore which is within the territorial jurisdiction of the High Court Bench at Indore, therefore, this Court is not having the territorial jurisdiction to transfer the case from Family Court Indore to the Family Court at Jabalpur. For this contention, learned counsel for the respondent has placed reliance on a decision reported in 1992 J.L.J. 213 Geeta Kathplia Vs. Hemant Kathpalia, wherein Gwalior Bench of this Court refused to transfer a matrimonial matter from Bhopal to Gwalior as Bhopal comes under the jurisdiction of the principal seat of this Court. While disposing of the petition, it was observed that it is not disputed that the principal seat of the High Court at Jabalpur is already seized of a matter arising out of the said suit, being a Miscellaneous Appeal filed on 20.7.1990, wherein the show cause notice has already been answered by the petitioner, but instead of filing the petition at Jabalpur, the jurisdiction of this Court has been invoked.

In the present case, the circumstances are not identical because this Court is the principal seat of the High Court of Madhya Pradesh and there is no matter which is pending in the High Court relating to the marriage in question except the present one. Apart from this, in Purnima Shrivastava Vs. Sanjeev Shrivastava reported in 1984 MPWN Note 570, Gwalior bench of this Court has transferred the case pending beyond the territorial.

Learned counsel for the respondent has placed reliance on a decision reported in 2003 (1) C.Cr.J. 34 (MP) Deepak Shukla Vs. State of M.P., whereby on the request of the husband, case was transferred from Katni to Jabalpur. This case is altogether different. In this case petitioner''s counsel was assaulted in court campus which has been recorded by Additional District Judge on order- sheet and all the related cases were transferred from Katni to Jabalpur. Therefore, this case has no application in the present case.

In I(1986) Divorce & Matrimonial Cases Meena Devi Bhatnagar Vs. M.P. Bhatnagar upon a petition filed in Jabalpur this court has transferred the matrimonial case pending at Bhind. Unfortunately, this decision was not before the court at the time of passing the order in Geeta Kathpalia Vs. Hemant Kathpalia reported in 1992 JLJ 213.

After considering the various authorities of Hon''ble Supreme Court, this Court has taken a view in M.C.C. No. 339/1984 that it is the convenience of the wife, which has to be taken into consideration.

In view of this, the petition stands allowed with a direction that H.M.C. No. 365/2004 pending in the court of District Judge (Family Court) Indore be transferred to the Family Court at Jabalpur. It is further directed that the parties shall appear before Family Court at Jabalpur on 10th of January, 2005.