MAYABAI Vs. MISHRILAL

JUDGEMENT

(1.) APPLICANT (wife) has directed this application under Section 24 of the C. P. C. against the non-applicant seeking transfer of Hindu Marriage Case No. 0/00 pending in the Court of IIIrd Addl. District Judge, Ujjain, to the competent Court at Ratlam.

(2.) IN the application, it is alleged that the applicant was married to non-applicant at Village Bajenda, Tehsil Namli, District Ratlam on 20. 4. 1988 and had three children born out of the said wedlock aged about 9 years, 7 years and 5 years respectively. It is stated that the non-applicant behaved with cruelty and in May-June, 2000 he turned her out from the matrimonial house for bringing money from her father and thereafter she is living along with his father at village Bajeda, Tehsil Namli, District Ratlam. That on 5. 9. 2000, the applicant filed one application against the non-applicant in the Court of J. M. F. C, at Ratlam under Section 125 of Cr. P. C for grant :of maintenance. The non-applicant with the intention to harass; the applicant, filed an application in the Court of IIIrd ADJ, Ujjain on 19. 10. 2000 seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act. In the application, it is also stated that she has a reasonable apprehension that when she will go to Ujjain for attending the aforesaid case, the non-applicant shall quarrel with the petitioner and may behave with cruelty. In view of the past acts of the non-applicant she. has a grave danger to her life from the non-applicant when she will go to attend the Court at Ujjain. On the aforesaid grounds, she filed an application for transfer of the said Civil case pending in the Court of IIIrd ADJ, Ujjain to competent Court at District Ratlam. .

(3.) NOTICE of the aforesaid application was duly served on the non-applicant. But no one appeared on behalf of the non-applicant to oppose the application filed on behalf of the applicant.