RAKHI MISHRA Vs. SANJAY MISHRA

JUDGEMENT

(1.) THIS transfer application has been filed under Section 23 (3) of the Civil procedure Code for transfer of Case No. 65-A/05 pending before the 1st Add1. District Judge, Balaghat (M. P.) to Durg (Chhattisgarh ).

(2.) RESPONDENT/husband has filed a petition under Section 13 of the hindu Marriage Act for obtaining divorce which is pending in the Court of 1st addl. District Judge, Balaghat. Marriage was performed on 29-4-98, out of the wedlock, a child, namely, Ku. Rani was born who is residing with the petitioner at Durg. Husband of petitioner is a Development Officer in LIC and posted at balaghat. Petitioner reported the matter to the police and husband is being prosecuted under Section 498-A of IPC at Durg. An application under Section 125, Cr. PC has also been filed, that is also pending at Durg. Petitioner is working as Shikshakarmi Grade III as such interim maintenance has not been awarded as she is in receipt of salary of Rs. 3,500/- per month.

(3.) TRANSFER of the case has been sought from Balaghat (M. P.) to Durg (Chhattisgarh) on the ground that it is difficult for the petitioner to attend the dates of hearing at Balaghat as she is a woman and it will be difficult for her to" obtain proper legal assistance at Balaghat, therefore, transfer of the case has been sought. She is residing at a place about 200 kms way from Balaghat. She also apprehends criminal assault, her job is temporary, she cannot take periodical leave. Reliance has been placed on decision of this Court in Smt. Lakshmi Nagdev Vs. Jitendra Kumar Nagdev, 2005 (1) M. P. H. T. 30, so as to transfer the case from Balaghat (M. P.) to Durg (Chhattisgarh ).