SHOBHNABEN Vs. DEVENDRA OMPRAKASHBHAI OBEROI

JUDGEMENT

(1.) Rule.

(2.) By means of this petition the petitioner sought for transfer of the Hindu Marriage Petition no.96/2002 filed by her husband opponent which is pending before the Civil Judge (Senior Division), Baroda to a Court having competent jurisdiction at Himmatnagar.

(3.) It is stated that the petitioner is residing with her old widow mother and brother at village Modasa within the jurisdiction of the Court at Modasa, District Himmatnagar after she has been driven out by her husband opposite party from her in-laws house. The marriage of the petitioner with the respondent was solemnized in the month of October, 1998. Both the petitioner as well as the respondent lived together for about three years and gave birth to a female child. Due to demand of illegal dowry, mental and physical torture given to the petitioner by the respondent, the petitioner has filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the Civil Judge (Senior Division) at Himmatnagar and it is numbered as H.M.P. Case no.3 of 2001. The petitioner also filed an application under Section 125 of the Criminal Procedure Code before the Judicial Magistrate, First Class at Modasa being Criminal Misc. Application no.26 of 2001 and in the said application, maintenance allowance was granted. Her husband - respondent has filed H.M.P. no.96 of 2002 before the Civil Judge (Senior Division), Baroda for decree of divorce. It is also stated that the issues in the H.M.P. no.3 of 2001 filed for restitution of conjugal rights by the petitioner have already been framed and settled. The petitioner being a lady and having a child of three years and travelling distance from Modasa to Baroda being about 170 Kms., and back 170 Kms., for attending the court on each and every fixed date, is facing great inconvenience. Hence, she has moved this application for transfer of the H.M.P. no.96 of 2002 filed by her husband at Baroda to the competent Court at District Court Himmatnagar.