PRIYAVARI MEHTA Vs. PRIYANATH MEHTA

JUDGEMENT

(1.) A question of some importance involved for consideration in this Miscellaneous Civil Application is whether the powers exercisable by the High Court under Section 23(3) of the Civil P. C. (hereinafter called the Code) can be invoked for transfer of a petition under the Hindu Marriage Act, 1955 (hereinafter called the Act) to any Court subordinate to a different High Court.

(2.) The present petitioner (wife) was married to the non-applicant (husband) on 7th December, 1977 at Mussoorie. The father of the non-applicant is one Bholanath Maharaj, a religious priest having his devotees at several places. After the marriage the spouse along with Bholanath Maharaj went to Delhi and after staying there for a couple of weeks came to Nagpur and were residing here, The applicant resided at Nagpur with her husband and her in-laws only till 19th January, 1979 whereafter she went back to Mussoorie and has been living there with her parents and with her sister.

(3.) The applicant filed a matrimonial petition under Section 13 of the Act in the Court of Civil Judge at Mussoorie (Dehradun) being Marriage Petition No. 68 of 1979 on 20th March, 1979 for divorce on the ground of cruelty. The non- applicant appeared in response to the summons and filed his written statement in that suit. The non-applicant (husband) then filed a Marriage Petition under Section 9 of the Act for restitution of conjugal rights on 16th April, 1979 in the District. Court at Nagpur, being Hindu Marriage Petition No. 92 of 1979 and the same is now pending in the Court of Civil Judge, Senior Division, Nagpur.