AASTHA SHRIVASTAV Vs. MOHIT SHRIVASTAVA

JUDGEMENT

(1.) Applicant/wife has filed the present petition under section 24 of the CPC seeking transfer of matrimonial case No.1356/2019 from Family Court, Indore to Family Court, Bhopal.

(2.) Applicant and respondent are husband and wife by virtue of their marriage held on 21.11.2017 at Bhopal under the Hindu customs and rituals. After the marriage she started living with the respondent at Indore. She lived along with him at Indore up to 24.02.2018 and thereafter went to Bhopal and started living along with her parents. She filed a complaint under sections 12, 18, 19, 20, 21 and 22 of the Domestic Violence Act before the JMFC, Bhopal and also filed an application under section 125 of the Cr.P.C seeking maintenance from the respondent. Vide order dated 16.09.2017 learned Family Court, Bhopal has awarded maintenance to the applicant but she has not filed the complete copy of the said order. She has also not filed the complete copy of the complaint filed under sections 12, 18, 19, 20, 21 and 22 of the Domestic Violence Act, therefore, it is very difficult to gather the complete facts out of it.

(3.) Respondent filed a petition under section 13 of the Hindu Marriage Act seeking dissolution of the marriage before the Family Court, Indore. Vide order dated 09.09.2019 the Family Court has issued a summons to the present applicant for her appearance before the Court on 03.10.2019. The applicant instead of appearing before the Family Court, Indore filed the present petition on 04.10.2019 seeking transfer of the case from Family Court, Indore to Family Court, Bhopal. Vide order dated 11.11.2019 this Court has stayed the further proceedings while issuing notice to the respondent. This case came up for hearing on 11.11.2019 and even today the present status of both the proceedings pending at Bhopal has not been disclosed.