LILA SAHU Vs. KAILASH NARAYAN SAHU

JUDGEMENT

(1.) THIS is a petition by the wife under Section 24 of the Code of Civil Procedure for transfer of Matrimonial proceedings pending at Bhopal to Jabalpur. The husband has instituted proceedings for divorce against the wife at Bhopal, on the basis of jurisdiction derived by that Court as the parties had last jointly resided together at Bhopal, in accordance with Section 19 (iii) of the Hindu Marriage Act, 1955.

(2.) LEARNED counsel appearing for the wife sought transfer of the proceedings from Bhopal to Jabalpur, firstly on the ground that wife is employed in the Co-operative Bank at Jabalpur, she has two sons who are taking education at Jabalpur and it would be inconvenient and expensive for her to attend the court proceedings at Bhopal.

(3.) ACCORDING to me this cannot be said to be a good ground, particularly when it is admitted that the sons are grown up, aged thirteen and fourteen and are not of the age in which they are required to accompany (he mother always. So far as the expenses are concerned, (be wife being employed, she can meet these same and if not, it is open to her to claim expenses under Section 24 of the Act by making suitable application to the Court at Bhopal.