JAGRUTI MOYDE Vs. ANIL KUMAR MOYDE

JUDGEMENT

(1.) BOTH the parties have been heard on the points involved in this matter. This petition being related to the matrimonial disputes between the spouses, it is hereby finally decided at this stage so as to avoid possibility of delay in the trials.

(2.) THE petitioner and opponent are married with each other and the petitioner has filed a matrimonial petition for getting a decree for restitution of conjugal rights, however, the respondent-husband had filed a petition for getting the decree of divorce against the present petitioner. The petition for obtaining a decree of restitution of conjugal rights has been filed in the district Court, Indore, however, the petition for decree of divorce has been filed by the respondent-husband in the District Court, Badwani. The date of presentation of the petition for restitution of conjugal rights is 26. 2. 1997 while the petition which has been filed for getting decree of divorce is dated 10. 3. 1997. A petition was filed by the present petitioner before the A. D. J. , Badwani making a prayer for the transfer of that petition to District Court, Indore where a petition for restitution of conjugal rights' decree is pending for trial. The said petition has been dismissed and, therefore, the present petitioner has appealed to this Court for passing an appropriate order for withdrawing that petition from the Court of A. D. J. , Badwani and for transferring it to the D. J. Court, Indore for disposal in accordance with law along with matrimonial petition bearing No. 97/1997.

(3.) WHILE dealing with such prayer the Court will have to keep in mind provisions of Sections 19 and 21a of Hindu Marriage Act, 1955 as well as provisions of Section 24 of C. P. C. Section 19 of H. M. Act reads thus :