SMT. UMA DEVI Vs. KAMLESH

JUDGEMENT

(1.) This order will dispose of the application filed under Section 24 C.P.C. by the wife, whereby it is prayed that divorce petition filed by the respondent under Section 13(1 -A) of Hindu Marriage Act registered as H.M.C. No. 365/ 2004 pending in the court of District Judge (Family Court) Indore be transferred to the Family Court at Jabalpur.

(2.) Learned counsel for the petitioner has placed reliance on the following decisions reported in : A.I.R. 2002 SC 396 Sumita Singh Vs Kumar Singh : 2000 (9) SCC 271, Seema Vs Rakesh, 2000(3) SCC 744 Archana Singh Vs. Alok Singh, : 2000 (9) SCC 453 Teja Vs. Nagraj & : 2000(9) SCC 355 Lalita A Rangrajan Vs. Ajay Rangrajan.

(3.) In the present case, the circumstances are not identical because this Court is the principal seat of the High Court of Madhya Pradesh and there is no matter which is pending in the High Court relating to the marriage in question except the present one. Apart from this, in Purnima Shrivastava Vs. Sanjeev Shrivastava reported in, 1984 MPWN Note 570, Gwalior bench of this Court has transferred the case pending beyond the territorial.