JYOTI BANGDE Vs. SANJAY BANGDE

JUDGEMENT

(1.) THIS petition is preferred by the applicant/wife under section 24 of the CPC for transferring the Civil Original Suit No.61-A/09 filed by the respondent/husband under section 13(l)(ia)(ib) of the Hindu Marriage Act, 1955 in the Family Court Sagar, from such Court to the competent court at Bhopal. It is noted that on earlier occasion, M.C.C No. 1036/09 was also filed on behalf of the applicant in this regard but the same was dismissed as withdrawn by extending liberty to the applicant to file the fresh petition by mentioning the additional and elaborate facts vide order dated 6.10.09. Accordingly, on earlier occasion, no such petition has been decided on merits. In such circumstances, the same is being decided on merits.

(2.) THE facts giving rise to this petition are that the respondent herein, being husband of the applicant, on arising some matrimonial dispute between them, filed the aforesaid civil suit under section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 for decree of divorce in the Family Court, Sagar, while at the instance of the applicant, a criminal case under section 12 of the Protection of Women from Domestic Violance Act, is pending in the court of J MFC Bhopal. As per further averments of it, the applicant, being woman, under the compelling circumstances created by the respondent, is residing with the family of his father at Bhopal. His father being old aged person is not in a position to accompany her for attending the above ~ mentioned case on every date at Sagar and except the father there is no any other person in the family of her parents to accompany her for attending the case at Sagar. It is also stated that the applicant being unemployed person, is not having any source of income and, in such circumstance, she is unable to afford the traveling and other expenses for attending the case at Sagar Besides that she is under apprehension that on her going to Sagar she may be subjected to any untoward incident by the respondent. With these averments the applicant has filed this petition.

(3.) ON the other hand, responding the aforesaid arguments, respondent's counsel by referring the averments of the reply said that the case is at the stage of recording the evidence of the applicant and her witnesses and, in such premises, only m. 2- 3 dates, it may be concluded by the trial court. He also argued that he is paying the interim alimony and the expenses of the litigation as directed by the trial court, therefore, there is no necessity to transfer the case from Sagar to any other court of Bhopal and prayed for dismissal of this petition.