GARIMA Vs. ANIL SHARMA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This Misc. Civil Case under Sec. 24 of the Code of Civil Procedure has been filed by the applicant for transferring the Civil Suit No. 228/2019 instituted by the respondent pending before the Court of the Principal Judge, Family Court, Morena, to the Family Court Datia.

(3.) It is submitted by learned counsel for the applicant that applicant is the wife of respondent and is the resident of Datia. She has filed this MCC for transfer of Civil Suit No.228/2019 from Family Court, Morena to Family Court, Datia. It is further submits that three other cases with regard to matrimonial proceedings are also pending before the Family Court, Datia. Counsel for the applicant submits that the applicant, being a wife, is having one minor child, therefore, there is inconvenience to attend the Court of Morena, which is approximately 150 Kms. It is submitted that there is difficulty for the applicant in coming again and again attending the proceedings of the Court. He submits that he has relied upon the judgment passed by Hon'ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and another reported in AIR 2002 SC 396 wherein the Hon'ble Supreme Court has held that:-