SAROJ DEVI KUSHWAHA Vs. SATENDRA SINGH KUSHWAHA

JUDGEMENT

(1.) This is an application preferred by the wife under section 24 of the Civil Procedure Code, seeking transfer of the proceedings instituted on behalf of the respondent/husband, before the Family Court on the ground that the husband has deserted the wife and she is not in a position to attend the proceedings at Gwalior as she is residing at Village Hingona, District Morena, which is situated at a distance of about 50 Kilometres from Gwalior.

(2.) The Facts of the case reveal that the petitioner and respondent were married at Morena but due to alleged cruel behaviour of the husband, the wife was compelled to leave the matrimonial home since when she is residing at her parents house. The applicant has further demonstrated that the cruel behaviour of the respondent as also his family members, is directed towards their ill-gotten demand of dowry. It is also submitted that the husband has beaten her when she was coming out of the Family Court on Date 8-4-2009 about which a prompt FIR was lodged on the same day at Gwalior and the husband has threatened the wife for facing dire consequences, therefore she has expressed her unwillingness and fear of going to Gwalior, by projecting the apprehension of danger to her life, while seeking transfer of the Petition preferred by her husband under section 13 of Hindu Marriage Act.

(3.) Shri R. S. Kushwaha, learned Counsel for the Applicant placed reliance on the Judgment of this Court Mamta vs. Brijesh, 2004 4 MPHT 42 to demonstrate that the difficulties of the wife in a matrimonial dispute deserves to be considered. He also placed reliance on another Judgment of this Court Smt Kirti Chouksey vs. Rajiv Chouksey, 2004 4 MPHT 187 to substantiate the same submission. He also relied upon another Judgment of this Court Vandana vs. Angad Singh, 2006 1 MPLJ 463 Jadav to demonstrate that difficulty to attend the hearing may be seen as a practical difficulty for the wife to attend the hearing at Gwalior.