SWATI Vs. ABHIJEET SINGH CHOUHAN

JUDGEMENT

(1.) This Misc. Civil Case has been filed by the petitioner/wife under Sec. 24 of the C.P.C. for transfer of a case bearing RCS- HM No.667/2022 filed by the respondent/husband under Sec. 13(1) Hindu Marriage Act, 1955 pending in the Family Court, Indore to Family Court, Guna.

(2.) In brief, the facts of the case are that the petitioner's and the respondent's marriage was solemnized in the year 2018. However, soon thereafter some matrimonial discord took place between the parties. The petitioner/wife has already lodged four cases against the respondent/husband relating to their matrimonial disputes viz; under Sec. 498-A of the IPC bearing RCT no.2211/2020, second case is filed under Sec. 9 of the Restitution of Conjugal Rights Act, 1955 bearing RCS HM no.46/2020, third case is under Sec. 11 of the Domestic Violence Act, 2005 bearing case No.MJC 89/2020 and fourth case is under Sec. 125 of Cr.P.C. bearing case No.229/2021 for maintenance.

(3.) Counsel for the petitioner has submitted that the divorce petition has been filed by the respondent/husband in April, 2022, and the distance between Guna to Indore is 330 km. and considering the fact that there is no other person to accompany the petitioner from Guna to Indore, it would be difficult for her to attend the Family court at Indore. It is also submitted that the respondent/husband is already attending all the other cases at Guna as aforesaid, and he would not have any difficulty if the aforesaid case of divorce is transferred to Guna.