DR. PRITIBALA SOLANKI Vs. HITESH SOLANKI

JUDGEMENT

(1.) The applicant/wife has filed the present Miscellaneous Civil Case under Section 24 of the C.P.C. seeking for transfer of R.C.S.No.A-14/2018 from the Court of Civil Judge, Class-II, Sendwa, District- Barwani to the Civil Court Alirajpur, District- Alirajpur.

(2.) The applicant and respondent got married to each other on 19.4.2017 at village-Bhagawa, Tehsil-Dahi, District-Dhar as per rites and rituals. The applicant is posted as Medical Officer at District hospital, Alirajpur. Soon after the marriage, behaviour of the respondent and his family members changed towards the applicant and she was subjected to physical and mental torture. The respondent has forced the applicant not to live along with the respondent and, therefore, against the respondent, the applicant has filed a case for Restitution of Conjugal Rights under Section 9 of Hindu law and as the applicant is belonging to Scheduled Tribal Community, according to Section 2 (2) of the Hindu Marriage Act , 1955, this Act is not applicable to the applicant. Therefore, the aforesaid case has been withdrawn and the applicant has filed a case/suit for declaration of Restitution of Conjugal Rights on 4.2.2019 and 7.2.2019, notice has been issued to respondent. The respondent also filed a civil suit under Section 32 (A) of CPC before the court of Civil Judge, Class-II Sendhwa, District-Barwani to declare the marriage as null and void and the applicant received the summon. After receipt of the summon, the applicant/wife has approached this Court by way of filing the present petition under Section 24 of the C.P.C., seeking transfer of the case.

(3.) Learned counsel for the applicant submits that, the applicant is seeking transfer of the case mainly on the ground that being a lady, it is not possible for her to travel all the way from Alirajpur to Sendhwa, District-Barwani. He submitted that there is no direct conveyance to reach Sendhwa, District- Barwani from Alirajpur, which is almost 150 kms. and it take almost 4 hours to reach there. The applicant has to change conveyance to reach Sendhwa which will cause hardship to her as no one is available to go along with her. He further submitted that father of the applicant is a government servant and at present he is posted at Guna and he is critically ill. It has also been submitted that one case under Restitution of Conjugal Rights against the respondent is already pending before the court at Alirajpur for which the respondent is coming at Alirajpur and therefore, it will cause no inconvenience to him if the case filed by him is also transferred to Alirajpur.