RADHA CHOUDHARY Vs. SUDIP CHAUDHARY

JUDGEMENT

(1.) This is a petition by the wife under section 24 of the Code of Civil Procedure for transfer of divorce proceedings instituted against her in the Court of District Judge, Rajnandgaon to the court of competent jurisdiction at Chhindwara or to some other Court.

(2.) Few facts not in dispute are that the marriage of the parties took place at Nagpur in the State of Maharashtra on 16.1.1986. The respondent/husband at the time of marriage was employed as Engineer in Bokaro Steel Plant in the State of Orissa. At the time of presentation of the petition, the respondent was at Bokaro and they lived together as husband ant; wife at Bokaro. The respondent/husband has now been transferred from Bokaro to Bhilai Steel Plant and is now living at Bhilai in the State of Madhya Pradesh. The parents of the husband are residing at Rajnandgaon in the State of Madhya Pradesh. The wife after having separated from the husband as a result of misunderstanding between them is now residing with her elder sister at Chandameta in district Chhindwara of the State of Madhya Pradesh. It is also not disputed that the wife has lost her father and is living with her widow mother and elder sister at Chandameta.

(3.) The husband filed petition for divorce on the alleged ground of cruelty of the wife, at Rajnandgaon. As per the facts pleaded in the petition in para 5(d) on 22nd of July, 1986 while the couple was returning from Bokaro to Rajnandgaon, the wife lost her temper in the train and got down at Durg Railway Station. In para 6 as was amended, the respondent pleaded that parents of the respondent went to Durg in search of the wife and found that she had gone to her another sister and mother at Durg. It was then stated that the wife came from Durg to Rajnandgaon with her relations to settle the differences and lived at Rajnandgaon for a very short-while. She again left from Rajnandgaon and thereafter never returned. In para 11 of the divorce petition, the cause of action is said to have arisen to Rajnandgaon on the following averments: