VANDANA Vs. ANGAD SINGH JADAV

JUDGEMENT

(1.) THE applicant wife has preferred this petition under Section 24 of the Code of Civil Procedure for transferring the case Hindu Marriage Case No. (COS) 80-A/05 instituted by the respondent under Section 13 (1) of the Hindu Marriage Act, 1955 from the Court of Ilnd Upper District Judge, Chhindwara to the Court of Multai having competent jurisdiction for its further trial.

(2.) AS per averments of the application, the applicant was married with the respondent on 7-3-1988 and also gave birth two daughters and one son out of this wedlock. Since 1996 the applicant was given cruel treatment by the respondent on non- fulfillment of his illegal demand of dowry. She was beaten by him in this period also and by neglecting she was insisted to live with her poor parents at Village Bhuyari Post Sonegaon, Tehsil Multai, District Betul. She had no source of income. Thus, on having been neglected by the respondent, she moved an application under Section 125, Cr. PC for maintenance in which she was granted Rs. 800/- per month from the respondent, but such order of the Trial Court dated 31-7-04 is still subjudice in criminal revision pending before the Additional Sessions Judge, Multai.

(3.) DURING pendency of the aforesaid proceedings the non- applicant has filed a petition for divorce under Section 13 (1) of the Hindu Marriage Act, 1955 in the Court of Ilnd Upper District Judge, Chhindwara and for such proceeding the applicant was summoned. She could not be appeared in the said Court at Chhindwara on every hearing as Chhindwara is 100 km far off from the village where she is residing. While Multai is only 8 km away from that village. The applicant is residing with her ailing mother and there is no-one to look after them. There is no responsible male member with whom she may go to attend the proceeding at Chhindwara. There is no proper conveyance available from her Village to Multai. Her village is 8 km away in remote area from the railway station. She has to walk on foot to take conveyance. It would not be possible for her to go to Chhindwara all alone as journey will take some time on every date of hearing. In the lack of proper conveyance she can not start journey early in the morning and after Court hours it would not be possible to come back to her village in day time from such distance. Thus, looking to her inconvenience the said divorce case be transferred from Chhindwara to Multai.