SUNITA BAI Vs. RISHABH KUMAR JAIN

JUDGEMENT

(1.) THIS is an application under section 24 of the Civil Procedure Code by the wife for transfer of the matrimonial case registered as C.S. No. 51 -N92 in the Court of First Additional District Judge, Katni, filed by the non -applicant -husband seeking a decree of divorce under the provisions of the Hindu Marriage Act, 1955.

(2.) THE application is supported with an affidavit stating the grounds of transfer of the case. Amongst other grounds, the relevant grounds mentioned are that Criminal Case No. 1843/83 has been instituted on false allegations by the non -applicant -husband against the brother of the applicant -wife at Katni.

(3.) THE learned counsel for the husband very strongly opposes the prayer for transfer of the case pending in Katni Court. It is stated that he has filed a counter affidavit opposing the transfer petition. It is stated that the brother of the wife had made an attempt to assault the husband at Katni and the transfer of the case to Shahdol would be very hazardous and inconvenient to the husband.