MADHU DUBEY Vs. KRANTI DUBEY

JUDGEMENT

(1.) The applicant has filed this application under section 24 CPC, seeking transfer of Civil Suit No.RCSHM/6/2014 filed by the respondent against the applicant pending in the Court of First Additional District Judge, Damoh to the competent court at Mandla.

(2.) The only ground on which the transfer of the proceedings filed by the respondent under section 9 of the Hindu Marriage Act, was sought is that it is inconvenient for her to go to Damoh and the applicant also lacks financial resources.

(3.) Having heard the learned counsel for the applicant, it is observed that there are adequate provisions under the Hindu Marriage Act for the purposes of obtaining financial assistance as an interim measure. From a perusal of the record it does not appear that the petitioner has availed of the same. Quite apart from the above, the ground of inconvenience cannot be considered for the purpose of transfer of the case and the parameters and requirement under section 24 of the Act, have to be made out which are totally absent in the present case. It is further observed that though the applicant has filed a document dated 17.9.2013 wherein she has made a complaint against the respondent to the Station House Officer at Mandla but the said document does not help her for two reasons; firstly, in the said document it is alleged that the husband has illtreated her at Mandla itself and not at Damoh during the pendency of the proceedings under section 9 of the Act, and; secondly, that the document Annexure P -1 is prior in point of time to the filing of the proceedings under section 9 of the Act, which apparently has been filed in March 2014. In the circumstances the allegation made by the applicant against the respondent also appears to be incorrect.