KIRAN SOHANE Vs. JAI PARKASH SOHANE

JUDGEMENT

(1.) This is an application under section 22 read with section 24 of the Code of Civil Procedure (hereinafter referred to as 'the Code) for transfer of civil suit No 20-A of 1983 pending in the Court of Additional District Judge to the Court of the District Judge, Balaghat Camp at Waraseeni to the District Court, Jabalpur.

(2.) The brief facts leading to this petition are that the parties are husband and wife having been married on 24th Feb., 1918 at Jabalpur. The parties last resided at Waraseeni in the district of Balaghat as husband and wife as the non-applicant resides and carries on business at Waraseeni itself. The husband non-applicant has initiated proceeding in the Court of the Additional District Judge, Balaghat under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for a decree of divorce on the ground of cruelty alleged to have been committed by his wife, the applicant The said divorce proceedings are contested by the applicant.

(3.) The issues were settled in the divorce suit on 21st Feb., 1984. But before, the settlement of the issues, the applicant made this application on 20th Feb., 1984 before this Court for transfer of the divorce proceedings as stated above. This Court, therefore, by order dated 28-2-1984 directed the trial Court not to fix the case for evidence until further orders of this Court.