MAMTA DHARMPAL Vs. LALCHAND DHARAMPAL

JUDGEMENT

(1.) HEARD finally at motion stage with the consent of both counsel for the parties. This petition u/s 24 of the Code of Civil Procedure, 1908 (hereinafter referred to for short 'the CPC') has been filed in order to transfer case No. 83 -A/11 (Smt. Mamta Dharmpal Vs. Shri Lalchand Dharmpal) which is pending in the court of learned 3rd Additional District Judge (FTC) Katni u/s 13 of Hindu Marriage Act, 1955 for dissolution of marriage to the court of District Judge, Umariya.

(2.) Learned counsel for the applicant/petitioner submits that applicant is a lady and on her behalf three cases filed and are pending at Umariya Court one u/s 9 of Hindu Marriage Act pending before Additional District Judge Umariya bearing case No. 4 -A/12 and two criminal cases are also pending before Chief Judicial Magistrate Umariya District Umaria vide case No. 1148/11 and criminal case before the court of Judicial Magistrate First Class, Umariya u/s 125 Cr. P.C. It has also been submitted that applicant also went to Katni in order to defend case she was threatened on 4.4.2012 non -applicant/respondent along with 4 - 5 persons came and threatened her before her cousin Mohan Ahuja for this a written report in PS Katni has been lodged and a copy has been filed with this petition.

(3.) RELIANCE has been placed on a case Anita Shrivastava v. Ashish Saena (2006(1) M.P. Weekly Notes Note No. [59] page 154 and Vandna v. Angad Singh Jadav, 2006 (I) M.P.L.J. 463 wherein it has been held that husband has filed petition to call wife at different district then being lady she can not come freely to attend the case hence case should be transferred to the district of her residence and convenience of lady should be seen : AIR 2002 SC 396 Sumita Singh Vs. Kumar Sanjay and another is relied on.