SANGEETA BAJIRAO SURYAWANSHI Vs. BAJIRAO BHIMRAO SURYAWANSHI

JUDGEMENT

(1.) THERE arises an important question on the scope of the provisions of section 23 (3) of the Code of Civil Procedure (for short, the Code) in the matter of transfer of matrimonial proceeding.

(2.) THE petitioner is wife of the respondent. The respondent filed Marriage Petition No. 104/a/1992 in the Court of the III Additional District Judge, Bhopal (Madhya Pradesh) for a decree of divorce under section 13 of the Hindu Marriage Act (for short, the Act), whereas, the petitioner filed her Marriage Petition No. 139/1992 for a decree of restitution of conjugal rights under section 9 of the Act on 30-7-1992 in the Court of Civil Judge Senior Division, Ahmednagar (Maharashtra ).

(3.) IN this petition, the petitioner inter alia prays that the Marriage Petition No. 1204/a/1992 which is pending in the Court of the III Additional District Judge, Bhopal be transferred to the Court of the Civil Judge Senior Division, Ahmednagar on the ground of her inability to attend the Court at Bhopal. This application has, however, been strongly opposed by the respondent.