SHRADDHA GAUR Vs. TANMAY CHOURASIYA

JUDGEMENT

(1.) Applicant Shraddaha Gaur has filed the present application under Section 24 of Code of Civil Procedure for transfer of case filed at Family Court at Jabalpur under Section 13 of Hindu Marriage Act filed by non-applicant to Family Court, Bhopal. Counsel for the applicant argued that applicant has lodged an FIR which was registered at crime no. 118/2019 at Bhopal against the non-applicant. She has also filed an application for maintenance under section 125 of Cr.P.C. which is also pending at Bhopal. A complaint case under the provisions of Domestic Violence Act has also been filed before Judicial Magistrate First Class at Bhopal. It is prayed by the counsel appearing for the applicant that non-applicant will come at Bhopal for attending the aforesaid case, therefore, divorce case which has been filed by non-applicant at Jabalpur may also be transferred at Bhopal. Applicant has further made averments in her application that the distance between Bhopal to Jabalpur is about 350 km and applicant will not be able to travel to such long distance for attending the case in Jabalpur. Non-applicant is the able-bodied person and he is appearing in other cases at Bhopal. Applicant has no source of income and she is not getting sufficient maintenance and litigation expenses to go to Jabalpur for attending the case. Counsel appearing for the applicant has relied on judgment reported in AIR 2000 SC 3512 and case reported in AIR 2000 SC 3529. In these cases matters have been transferred looking to the practical difficulties of life in travelling from one city to another. In view of aforesaid submission, applicant has made a prayer that divorce case pending at Jabalpur may be transferred to Bhopal.

(2.) Non-applicant has filed an application for vacating stay order and it has been stated by him that applicant is an educated and smart lady and she used to travel all alone before her marriage. Even after her marriage, she used to travel between Bhopal and Jabalpur frequently. Non-applicant is intentionally avoiding the notices issued by the Family Court at Jabalpur and report shows that she is not available at the address. Applicant when received information about pendency of divorce case at Jabalpur has filed an FIR against the non-applicant and his mother under Section 498- A of Indian Penal Code. She has also initiated other proceedings against the applicant i.e. for maintenance and one under The Protection of Women From Domestic Violence Act , 2005. It is further submitted by the counsel appearing for the non- applicant that Jabalpur is well connected with Bhopal and in view of aforesaid submissions, prayer is made by the counsel appearing for non-applicant to dismiss the application for transfer of case.

(3.) Considered the arguments of both the parties.