HEERA TRIPATHI Vs. NAGESHWAR PRASAD TRIPATHI

JUDGEMENT

(1.) IT is not in dispute that the defendant -applicant is the legally married wife of the plaintiff -non -applicant. It appears that they bad been married several years back at Jabalpur and had three children aged between 11 to 20 years. It further appears that in the year 1990 the plaintiff -non -applicant filed a suit (C.S. No. 17 -A of 1990) for obtaining a decree for divorce against the defendant -applicant under Section 13 of the Hindu Marriage Act, 1955 in the Court of Third Additional District Judge, Satna.

(2.) IN the present application, made by the defendant -applicant under Section 24 of the Code of Civil Procedure, it has been prayed by the defendant -applicant that for the reasons spelt out in the application, the abovesaid civil suit filed by the plaintiff -non -applicant against her in the Satna Court be withdrawn from the said Court and be transferred for further trial and disposal to any Court at Jabalpur competent to try and dispose of the same.

(3.) IT has been pointed out by the defendant -applicant that she bad filed an application under Section 125 Cr. P.C. against the plaintiff -non -applicant in the Court of Judicial Magistrate, First Class at Jabalpur and that the said application is still pending in the said Court. It is also pointed out that since the marriage between the parties had taken place at Jabalpur, any competent civil Court at the said place has jurisdiction to try and dispose of the divorce suit filed by the plaintiff -non -applicant against her.