MEENA DEVI BHATNAGAR Vs. MAHESH PRASAD BHATNAGAR

JUDGEMENT

(1.) This is an application under Sec. 24 of the Civil Procedure Code read with Sec. 151, Civil Procedure Code for transferring the case of Civil Suit No. 12/84 from the Court of District Judge, Bhind to Jabalpur.

(2.) It is alleged that the marriage of the applicant with the non-applicant took place on 16-6-1973 at Murar Gwalior. They begot three issues. There are two daughters and a son. The non-applicant has filed an application under Sec. 13 of the Hindu Marriage Act against the applicant, at Bhind which is registered at Civil Suit No. 12/84 pending in the Court of District Judge, Bhind. The applicant has a child in her lap. She is not earning and is absolutely dependent on her parents. It is also suited by her that she had not been maintained by her husband since he deserted her and left her at Jabalpur on 8-5-1984. It is stated by her that it would be impossible for her to defend the case at Bhind. Under these circumstances, her prayer is that the suit should be tried at Jabalpur because, according to her, the parties last resided at Jabalpur.

(3.) The arguments of the counsel for the non-applicant are that the parties resided at Bhind and not at Jabalpur. Moreover, it is stated that two minor children are in the custody of the non-applicant. He has to maintain them and it would be very difficult for him to come to Jabalpur leaving young minor children at Bhind. He, however, suggests that the trial should be at Gwalior.