SMT. PADMA @ PAYAL VERMA Vs. PANKAJ VERMA

JUDGEMENT

(1.) Shri R.K. Soni, learned counsel for the applicant.

(2.) Applicant-wife has approached this court under Section 24 of CPC seeking transfer of the case No.61/2016 HMA under Section 13 of the Hindu Marriage Act pending in Sabalgarh, District Morena to Sadora, District Ashok Nagar.

(3.) Learned counsel for the applicant contends that earlier the respondent-husband had filed a suit for divorce under Section 13 of the Hindu Marriage Act, whereas the proceeding for permanent alimony under Section 125 of CPC and that of Section 498 of IPC were pending consideration in the court at Ashok Nagar. Therefore, the petitioner had moved before this court by filing MCC 248/2009 for transfer of divorce case to the file of Family Court at Ashok Nagar, which was allowed vide order dated 28.10.2009. However, thereafter the divorce case filed by the respondent-husband was dismissed for want of prosecution.