NIKITA SUGANDHI Vs. NANDKISHOR

JUDGEMENT

(1.) The present application has been filed by the wife under Sec. 24 of the Code of Civil Procedure for transfer of proceedings in case RCSHM 10/2023 from the court of 2nd Additional District Judge, Sendhwa, District-Barwani to Family Court, District-Khargone.

(2.) It has been stated in the application that the applicant and respondent solemnized marriage on 30/11/2020 as per Hindu rites and customs at Mahalaxmi Mandir, Unn, District-Khargone. Out of their wedlock, one female child was born, however, she died later on. As there was some disputes between the applicant and respondent, they started living separately. The applicant has stated that the applicant is residing at her maternal house at District-Khargone and the respondent is living at Sendhwa. The respondent has instituted proceedings under Sec. 13 of Hindu Marriage Act, 1955 seeking divorce from the applicant which is registered as RCSHM 10/2023.

(3.) Learned counsel for the applicant submits that there is a distance of about 70 kms. between the place where case is filed i.e. Sendhwa and the place where the applicant resids i.e. Khandwa and it takes 2-3 hours for travelling one way. The applicant is entirely dependent on public transport and there is no properly reliable return transportation available from Sendhwa to Khargone. It has also been stated that the applicant is required to travel alone and because there is some tribal area and forest region during way from Sendhwa to Khargone and there is serious risk which causes grave mentally stress to the applicant. It has also been stated that the applicant is suffering from severe mental trauma and her mother is suffering from various ailments. Thus, it has been argued that it is highly inconvenient for the applicant for attending court proceedings at Sendhwa, thus, transfer of proceedings has been requested.