KAMNA Vs. PARKASH CHAND SOHANE

JUDGEMENT

(1.) This is an application at the instance of the wife for transfer Divorce Petition (Civil Suit No. 12-A of 1981), filed by the non-applicant-husband in the Court of Additional District Judge, Seoni, from Seoni to Jabalpur. The grounds given in the application are that the applicant and her father apprehend danger to their lives if they are required to attend the hearing at Seoni and secondly the applicant cannot afford to take her witnesses from Jabalpur to Seoni for want of funds.

(2.) The non-applicant opposes this application and denies the allegations made by the applicant.

(3.) Under section 19 of the Hindu Marriage Act, the jurisdiction to try such a petition vests in the Court within the local limits of whose civil jurisdiction the marriage was solemnised or the husband and wife reside or last resided together. Admittedly the District Court at Jabalpur where the marriage was solemnised and the Court at Seoni where the parties last resided together, both have jurisdiction to try the petition.