SHAILEY MANDE Vs. PANKAJ KUMAR MANDE

JUDGEMENT

(1.) THIS Transfer Petition under Section 24 of the Code of Civil Procedure, 1908 is preferred on behalf of the applicant/wife for transferring the Civil Suit No.639-A/2011 HMA (Pankaj Kumar Madne vs. Smt. Shailey Madne) filed by the non-applicant/ husband before the Court of Principal Judge of Family Court, Bhopal from such court to the Family Court at Gwalior for its further trial.

(2.) LEARNED counsel for the applicant submitted that this transfer petition is maintainable before this Bench. He has placed reliance on the case of Smt. Lakshmi Nagdev vs. Jitendra Kumar Nagdev, 2005(1) MPHT 30 and an unreported order dated 26.11.2008 passed in M.C.C.No.673/2006 (Smt. Kalpana w/o Manish Alias Mahendra Singh v. Maish Singh alias Mahendra Singh) by this Court.

(3.) ACCORDING to the applicant her marriage was solemnized with the non-applicant on 13.6.2010 as per Hindu rites and customs at Bhopal and after marriage, they lived together as husband and wife. She was ill-treated by the non-applicant and his family members for non-fulfilling their greed of dowry and she was ousted from the house by the non-applicant, thereafter, she came to her parental house at Gwalior. It is further pleaded by the applicant that he has filed an application under Section 125 of Cr.P.C. before the Family Court, Gwalior and also lodged a report against non-applicant and his (non- applicant's) family members, arising out of which a criminal case under Section 498-A, 506/34 of IPC and Section 4 of Dowry Prohibition Act, is pending in the Court of J.M.F.C., Gwalior. She has also made a complaint against the non-applicant and his family members, as a result of which a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was registered and is pending before the Court of J.M.F.C., Gwalior. On the pretext, the non- applicant has filed divorce petition under Section 13 of the Hindu Marriage Act, 1955 against her which is registered as Civil Suit No.639-A/2011 and is pending before the Family Court, Bhopal. The applicant has no source of income and she is unable to come alone to attend the Court at Bhopal regularly and apprehending that non- applicant may put her to trouble, therefore, she prayed for transferring case from Family Court, Bhopal to Family Court, Gwalior.