RAJNI CHILE Vs. AMIT CHILE

JUDGEMENT

(1.) This petition is preferred by the Applicant/wife under Section 24 of the Code of Civil Procedure for transferring the Misc. Civil Suit No. 23/2010 filed by the Respondent/husband under Sections 7, 10 read with Section 25 of the Guardian And Wards Act, pending in the Court of 1st Addl. District Judge, Balaghat, from such Court to some Court of Jabalpur having the jurisdiction to adjudicate such matter.

(2.) The facts giving rise to this petition are that the Applicant got married with the Respondent in accordance with the customs of the Hindu community at Balaghat on 27-2-2009. Out of the aforesaid wedlock, they were blessed with a child who is aged 6 months. As per further averments, on account of some matrimonial dispute and differences, under compulsion, the Applicant along with her infant child, is residing at Jabalpur. It is also stated that due to the activities and behaviour of the Respondent and his family members and also on making dowry demand, some report in writing was also given at the instance of the Applicant to the public authority at Jabalpur. On neglecting the Applicant and her infant child by the Respondent, she also filed the petition under Section 125 of the Code of Criminal Procedure for maintenance in the Family Court of Jabalpur which is still pending. Consequently by adopting the revengeful attitude, in order to harass the Applicant, the Respondent has filed the above mentioned civil suit under the provisions of Guardian And Wards Act for taking the custody of the infant boy from the Applicant in the aforesaid Court of Balaghat. As per further averments of the petition, in the available circumstances as stated in the petition and especially in view of the age of the infant child i.e. 6 months, it is not possible for the Applicant to go along with her infant child to defend the case at Balaghat. Besides this ground, the prayer is also made for transferring the aforesaid case from such Court to some Court of Jabalpur taking into consideration the convenience and the difficulties of the Applicant. With these averments the Applicant has filed this petition.

(3.) It is apparent fact on record that the averments of such petition and the affidavit are not rebutted by the Respondent by filing any reply but on hearing the petition, the averments of the same are seriously disputed by the counsel saying that this petition is preferred by mentioning the wrong and incorrect facts. In continuation it was also said that the parents of the Applicants are residing at Narsingpur, hence there is no occasion to make the prayer to transfer the aforesaid case from Balaghat to Jabalpur. In any case the Applicant wants to harass the Respondent by calling him to Jabalpur, subject to transferring the aforesaid case. In the lack of any prayer to transfer the case from Balaghat to Narsingpur the Applicant's petition could not be deemed to be bona fide and prayed for dismissal of the same. However, he did not dispute the age of the infant child i.e. 6 months and also the fact that such infant is residing with the Applicant.