BABITA GUPTA Vs. RAJENDRA KUMAR GUPTA

JUDGEMENT

(1.) The appellant has come forward to this court under Section 24 of the Code of Civil Procedure seeking transfer of the Regular Civil Suit No. 168-A/05 pending in the Family Court, Bhopal to the Family Court of Datia. under Section 13 of the Hindu Marriage Act, in short "The Act"

(2.) As per averments of the petition she got married with the respondent as per rites and rituals of Hindu community on 3.5.1995 at Jhansi. Out of this wedlock she has two children who are of the age between 6 to 8 years residing with the petitioner in her parental home at Jhansi in the compelling circumstances created by the respondent in her matrimonial home. In the parental family her father being old aged person is suffering from hyper tension with some other disease and also has undergone two surgical operations. Therefore, he is not in a position to travel alongwith her to attend for defending the aforesaid case at Bhopal.

(3.) The averments of the petition and affidavit are not denied by filing the reply or affidavit on behalf of the respondent. His counsel submitted only oral submission at the stage of final hearing.