PURNIMA SHRIVASTAVA Vs. SANJEEVA SHRIVASTAVA

JUDGEMENT

(1.) This is a petition under section 24 of the Code of Civil Procedure (hereinafter referred to as 'the Code) for transfer of Civil Suit No. A/1984 (Sanjeeva Shrivastava Vs. Smt Purnima Shrivastava) , from the Court of District Judge, Gwalior to the Court of District Judge, Jabalpur.

(2.) The petitioner is legally married wife of the respondent. The marriage took place on 27th Nov., 1982 at Gwalior. The respondent-husband is an Engineer posted as Administrative Officer, (Technical), Oriental Fire and General Insurance, at Jabalpur. After the solemnisation of the marriage the petitioner and the respondent both resided at Jabalpur till 15th June, 1983 when the petitioner was carrying a child. Due to some differences between the parties, the petitioner went to her parents at Nagpur on 16-6-1983 where she delivered a female child on 22-9-1983 and is still living with her parents.

(3.) The respondent has instituted a suit for restitution of conjugal rights against the petitioner in the Court at Gwalior which was dismissed on 20th Dec., 1983 holding it to be premature. The respondent then filed the suit for divorce under section 13(1)(ix) of the Hindu Marriage Act before the District Judge, Gwalior. The petitioner contends that since both the petitioner and respondent-husband had last resided at Jabalpur and as the husband is presently posted and serving at Jabalpur, the said suit be transferred to the Court of the District Judge at Jabalpur which will be convenient to both the parties as the respondent-husband is living at Jabalpur itself and Nagpur will be nearer to Jabalpur as compared to Gwalior. The petitioner also contends that she has no male member in the family except her old father in order to escort her from Nagpur to Gwalior as and when necessary in connection with the said suit. The petitioner has filed an affidavit in support of these facts.