ANJULLA VERMA Vs. CAPT SUDHIR VERMA

JUDGEMENT

(1.) THIS is a petition under Section 24 of the Code of Civil Procedure for transfer of Civil Suit No. 38-A of 1995 filed by the non-applicant for divorce under Section 13 of Hindu Marriage Act, 1956 (hereinafter referred to as the Act) pending in the Court of IV Additional District Judge, Jabalpur, to Family Court at Bandra, Mumbai.

(2.) THE facts of the case are that the non-applicant Capt. Sudhir Verma filed a petition for divorce under Section 13 of the Act against the applicant in the Court of IV Additional District Judge,, Jabalpur. The applicant claims that she had also filed a Petition No. 3-83-95 in the Family Court, Bandra, at Mumbai, on 17. 7. 1995, as is clear from a photocopy of the certified copy of the order sheet, filed by the applicant. The applicant claims that the divorce petition filed by the non-applicant may be transferred to the Family Court, Bandra/ at Mumbai as she is unable to travel to Jabalpur, with her minor son who is keeping ill. The applicant has not filed any copy of the original petition before this Court. However, it is clear from the order dated 4th of March, 1996 that the Petition No. C/83 of 1995 pending before the Family Court, Bandra, at Mumbai, is for restitution of conjugal rights.

(3.) THE non-applicant has also filed a reply to the petition and has raised a preliminary objection to the maintainability of this petition. The objection raised by way of preliminary objection is that under Section 24 of the Code of Civil Procedure this Court has no jurisdiction to transfer the civil suit pending in the Court of IV Additional District Judge, Jabalpur to Mumbai Court because that Court at Mumbai is not subordinate Court to this High Court.