RAJKUMAR Vs. SAROJ

JUDGEMENT

(1.) This is a Civil Revision, preferred against an Order passed in M.J.C. No. 8/2009 on Date 27-1-2010 by the District Judge, Vidisha in relation to an Application preferred under section 24 of the Code of Civil Procedure by the Respondent/Wife, seeking Transfer of Divorce Petition from Basoda to Vidisha which has been allowed by the District Judge.

(2.) The facts of the case reveal that a Petition, preferred under section 125 of Criminal Procedure Code on behalf of the Wife, seeking maintenance from her Husband was disposed of by the Competent Criminal Court, situated at Vidisha and another proceeding initiated on behalf of the Daughter of the Applicant Rajkumar is pending under section 125 of the Code of Criminal procedure at Vidisha and an independent Petition preferred by the Husband under section 13 of the Hindu Marriage Act seeking Divorce from her Wife, is pending in the Court of Additional District Judge, Basoda, District Vidisha bearing H.M. Case No. 20-A/2009.

(3.) This Application seeking Transfer of Divorce Petition was moved on behalf of the Wife, in the Court of District Judge, Vidisha, on the ground that the Wife, along with her infant daughter would be required to appear before the Basoda Court, for attending the proceedings pending under section 13 of the Hindu Marriage Act, which is situated at a distant place from her Village. The District Judge after considering the facts has allowed the Application of the Wife under section 24 of the Civil Procedure Code and has permitted Transfer of Hindu Marriage Case No. 20-A/2009 from Basoda to the 3rd Additional District Judge, Vidisha for its decision.