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) C(a) 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 18.5.86. On 19.6.86, the petitioner delivered a female child, now named Dolly.

(3.) IN this petition, it is averred that going to Bhopal is most inconvenient to the petitioner, being a lady as she cannot go there every time all alone, with the minor child. Though, the petitioner has a brother but he is also not prepared to accompany her to Bhopal every time. It is alleged further that the non - petitioner has given. a threat to the petitioner and her relations that if the petitioner does not agree for divorce, they should all be prepared for dire consequences. The petitioner due to such threat to her life and limb, feels apprehensive and is scared of going to Bhopal. In the circumstances, therefore, it is submitted that there cannot be a fair trial at Bhopal and has as such prayed that the Civil Suit pending at Bhopal be transferred to an appropriate Court at Gwalior.