LAKSHMI NAGDEV Vs. JITENDRA KUMAR NAGDEV

JUDGEMENT

(1.) BY filing this petition under Section 23 (3) of the Code of Civil Procedure (hereinafter referred to as 'cpc') the petitioner wife is seeking transfer of Matrimonial Suit No. 17-A/04 filed by the respondent husband in the Court of III Additional District Judge, Katni to the Court of competent jurisdiction in District Durg in the State of Chhattisgarh.

(2.) IN short the petitioner's case is that her parents arc old and infirm and her brother who is a business man in unable to accompany her to attend the case pending at Kalni. Petitioner has a son aged about two years and there is no-one to lookafter him. The petitioner is residing at Bhilai, District Durg which is more than 465 kms away from Katni. In the aforesaid circumstances it is difficult for her to attend the matrimonial case filed by the respondent at Katni.

(3.) THE respondent opposed the prayer on the grounds that- (i) the petitioner approached this Court after a considerable delay, (ii) the Trial Court vide order dated 28-4-2004 apart from maintenance pendente lite and litigation expenses ordered the respondent to deposit Rs. 10,000/for travelling expenses of the petitioner which the respondent has deposited, (iii) this Court has no jurisdiction to transfer the case to the Court in the State of Chhattisgarh and (iv) in view of Section 21-A of the Hindu Marriage Act, 1955 (hereinafter referred to as 'act') the application seeking transfer invoking the provisions of the CPC is not maintainable.