BHUMIKA KANOJIYA Vs. ABHISHEK KANOJIYA

JUDGEMENT

(1.) Applicant in MCC No.1282/2021 has filed an application under Sec. 24 of CPC read with Sec. 20-A of Hindu Marriage Act, 1955 for transfer of case bearing No.RCS HM264/2021 from Bhopal to Jabalpur.

(2.) Counsel appearing for applicant submitted that she was married to non-applicant on 28/4/2018. After marriage, she gave birth to boy namely Shivansh Kanojiya on 4/3/2019. The applicant and non-applicant are having strained relationship and at present, applicant is residing in Govind Bhawan South Civil Lines Jabalpur (MP). Applicant had filed a civil suit for Restitution of Conjugal Rights, which was registered as Case No.RCS HM569/2021 pending before First Additional Principal Judge Jabalpur. In said case, nonapplicant is appearing through his counsel. Applicant is not getting any maintenance amount and her application for maintenance under Sec. 125 of Cr.P.C is pending before 2nd Additional Principal Judge in Jabalpur. During pendency of aforesaid applications, nonapplicant has filed an application under Sec. 13 of Hindu Marriage Act for divorce in family Court Bhopal. Applicant-wife is seeking transfer of case on ground that traveling time between two stations is more than 6-8 hours. Applicant is a lady and it is difficult for her with minor child to travel to Bhopal. It is submitted that at the time of filing of an application under Sec. 13 of Act, applicant was residing at Bhopal. On date of hearing, non-applicant along with family members restrained the applicant so that she may not go to the Court. She was also assaulted and had received injuries. She had filed a complaint before Police Station-Misrod District-Bhopal. It is submitted that non-applicant is already attending case at Jabalpur. Doctor had advised the applicant not to travel, as she is having travel sickness. On aforesaid grounds, applicant-wife prays for transfer of case.

(3.) In MCC No.1023/2021, applicant-husband namely Abhishek Kanojiya has filed an application under Sec. 24 of CPC for transfer of Civil Suit filed under Sec. 9 of Hindu Marriage Act pending at Jabalpur to Bhopal. It is submitted that as per Sec. 20- A of Hindu Marriage Act, suits filed by the parties under Hindu Marriage Act at different districts are to be heard at the same place. Case is to be transferred at District, where case is filed earlier in time. It is submitted that applicant-husband has filed suit under Sec. 13 of the Act, which is earlier in point of time, therefore, suit filed by non-applicant-wife Smt. Bhumika Kanojiya may be transferred to Bhopal.