REENA CHADDHA Vs. HITESH CHADDHA

JUDGEMENT

(1.) THIS is an application under section 34 CPC, read with section 21A(2)(B) of Hindu Marriage Act. Learned counsel for the applicant has submitted that applicant -wife has filed a petition under section 10 of the Hindu Marriage Act for judicial separation against the respondent -husband, in the Court of District Judge, Satna; while, respondent -husband has filed a case No. 238/99 in the Court of 7th Additional Judge to the Court of District Judge, Gwalior under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The case pending at Gwalior is prayed to be transferred at Satna for the sake of the convenience of the wife and also to avoid conflicting decisions.

(2.) THE learned counsel for the respondent has objected the jurisdiction of this Bench on the ground that Satna falls under the jurisdiction of main seat at Jabalpur. In the circumstances, this Bench has no jurisdiction to transfer the case from Gwalior to Satna. Reference is made to a notification of Central Government dated 20th November 1968 wherein it has been made clear that the Bench at Gwalior shall exercise jurisdiction and power for time being vested in the High Court in respect of the cases arising in Revenue Districts of Gwalior, Shivpuri, Datia, Guna. Vidisha, Bhind and Morena. From this notification it would appear that this Bench shall exercise powers in respect of the cases arising out of the aforesaid Districts. In a decision of this Court in case of. Archna v. Vijay Narendra Kumar Kashyap, reported in 1998(1) MPLJ 163, where wife had filed a petition at Indore and husband filed petition for divorce under section 13 at Bhopal. Subsequently, wife applied for transfer of the case from Bhopal to Indore. It was held that the Bench at Indore has no jurisdiction to transfer a case from Bhopal to Indore as District Bhopal falls in the jurisdiction of main seat at Jabalpur. However, the situation in the present case is different as the case prayed for to be transferred from Gwalior arises out of the Revenue District falling under the jurisdiction of the Bench at Gwalior.

(3.) THE application is allowed and it is directed that H.M.A. No. 238/99 pending in the Court of 7th Additional Judge to the Court of District Judge, Gwalior shall stand transferred to the Court of District Judge Satna.