ANITA BHANSALI Vs. MOOLCHAND BHANSALI

JUDGEMENT

(1.) THE order in this case shall decide the connected petition for transfer of the case registered as MCC No. 345/93.

(2.) THE husband instituted two cases in the Civil Court at Rajnandgaon. First a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 was filed. The second proceedings are instituted under the Hindu Minority and Guardianship Act for getting custody of the children. The second proceedings are subject matter of transfer petition in connected MCC No. 345/92.

(3.) THE applicant-wife has approached this Court under Section 24 of the C. P. C. for transfer of both the abovementioned proceedings instituted against her and her children at Rajnandgaon. The learned Counsel appearing for the wife in this petition submits that the wife is getting meagre maintenance at the rate of Rs. 400/- per month for herself and Rs. 500/- per month for her two children. She has no other source of maintenance. She has also alleged that on one occasion when she had gone to Rajnandgaon to attend the case, she was threatened by the husband and there was an incident of physical assault. A police report was made although no criminal case thereafter came to be instituted.