ANITA SHRIVSTAVA Vs. ASHISH SAXENA

JUDGEMENT

(1.) IT is not in dispute that the applicant is wedded wife of Non-applicant who filed a suit under section 13 of Hindu Marriage Act for divorce, which is pending against the applicant in the aforesaid Court at Bhopal. As per averments of petition the applicant is residing at Indore with her mother who is suffering from cancer since last about 3 years and her health is deteriorating day by day. The applicant is Lecturer (English) in the Government Girls Higher Secondary School, Rajendra Nagar, Indore and not in a position to come to Bhopal for attending the Court on every date of hearing. Earlier a petition of the same nature was filed but the same was withdrawn due to some technical objection of the Registry of this Court with liberty to file this application. The same is supported by her affidavit.

(2.) IN reply of non-applicant the averments made by the applicant has been denied in a very elaborate manner by mentioning various circumstances and averments on merits of the case for showing the conduct of the applicant. Reply is also supported by an affidavit of Non-applicant. Learned counsel for the applicant has submitted that looking to the inconvenience and difficulties of the applicant as she is a lecturer in the educational institution at Indore and also having the liability to look after her old aged mother who is suffering from cancer and her health is deteriorating day by day, it would not be convenient to the applicant to attend the Court on every date of hearing at Bhopal, if she would be insisted to attend the Court at Bhopal, then it will create grave inconvenience to her in aforesaid circumstances. Counsel for the applicant also cited a case of the apex Court decided in the matter of Sumita Singh v. Kumar Sanjay and another (AIR 2002 SC 396).

(3.) HAVING heard learned counsel of the parties, I am of the considered view that the merits of the case cannot be considered in this petition because the merits are yet to be decided by the trial Court whenever the case would be proceeded further, at present Court has to consider the circumstances in which section 24 of CPC can be invoked or not for transferring the said pending case from Bhopal to Indore for its further trial and adjudication. In this regard Court has to see convenience of the parties on priority basis. Such question of convenience has been answered by the apex Court in the matter of Sumita Singh v. Kumar Sanjay and another (AIR 2002 SC 396), in which it is held as under :