GEETA KATHPALIA Vs. HEMANT KATHPALIA

JUDGEMENT

(1.) This petition under Section 24 of the Civil Procedure Code is filed by defendant/wife, seeking transfer of Civil Suit No. 22-A/88, filed by non-petitioner under Section 12(1)(b) and Section 13(1)(ia) and (iii) of the Hindu Marriage Act, pending in the Court of 5th Additional District Judge, Bhopal, to an appropriate Court at Gwalior.

(2.) Facts leading to the filing of this petition may be briefly stated. The petitioner is a legally wedded wife of the non-petitioner, and their marriage took place at Bhopal on 28-11-85. The petitioner and the non-petitioner are stated to have lived together till 18-6-86. On 19-6-86, the petitioner delivered a female child, now named Dolly.

(3.) In the above suit, a written statement has been filed, and is being contested by the petitioner. In that suit an application under Section 26 of the Hindu Marriage Act for taking the custody of Dolly, the minor daughter, was moved by the non-petitioner, which was dismissed on 27-6-90, by the Court against which a Misc. Appeal was filed by non-petitioner in the High Court at Jabalpur, wherein a show cause notice was issued and has been answered by the petitioner.