RADHIKA BAVA Vs. SAILESH BAVA

JUDGEMENT

(1.) THIS petition is preferred by the applicant/wife under section 24 of C. P. C. for transferring the R. C. S. No. 582-A/07, filed by the respondent/husband in the Family Court Bhopal from such court to Family Court Indore.

(2.) AS per averment of it, the applicant got married with respondent on dated 15. 12. 2006 at Bhopal. Subsequent to it, on arising the matrimonial dispute between them aforesaid suit under section 10 of the Hindu Marriage Act (In short "the Act") for judicial separation has been filed by the respondent at Bhopal. As per further averment the applicant is residing with her parents at Indore. The father of the applicant on account of his old age and being patient of blood pressure while the mother on account of her physical problems of the old age are not in a position to accompany with her for defending the case at Bhopal. The presence of the mother is also regularly required at home; as the applicant"s younger sister Ritika is prosecuting her study at Indore. Whereas the appellant being from traditional family could not travel all alone without any companion and in the above mentioned circumstance no male or competent person is available in her parental family with whom she could come to defend the case at Bhopal. Apart this she did not have any source of income. Thus, she is not in a position to afford the traveling and other expenses in this regard.

(3.) IN reply of the respondent by denying the grounds of transferring the case it is stated that on two occasions the Family court Bhopal has given the exemption from personal appearance to the applicant but on third occasion such application was dismissed on dated 30. 1. 2008 and proceeded ex-parte against her. In such circumstance, the applicant is not contesting party hence; she does not have any locus-standi to file the instant petition. The same is filed with intention to prolong the trial. The non-applicant is working as Manager in Joom Developers Private Ltd. Bhopal and simultaneously prosecuting his study of MBA from Punjab Technical university and if the case is transferred from Bhopal to Indore then it would be difficult and inconvenient for him to prosecute the case there, because on taking leaves from his office to attend the case he may loose his job whereas in view of availability of various conveyance between these two cities the applicant may conveniently come and defend the case at Bhopal. It is also pleaded that his mother is suffering from blood pressure with Cardiac disease along with bone disease, on account of which she could not walk properly and taking continuous treatment, some medical papers are also annexed in this regard. The sick maternal grant mother aged 82 years is also residing with him, who being patient of various diseases could not walk without help of walker. She is also suffering from cardiac, blood pressure and diabetes. So for applicant is concerned her uncle and other relatives are residing at Bhopal, hence, she has no difficulty even on staying at Bhopal. There is no sufficient cause for transferring the case. With these averments the prayer for dismissal of the petition is made.