RENU GUPTA Vs. DEVENDRA KUMAR GUPTA

JUDGEMENT

(1.) THIS petition is directed by the applicant-wife under Section 24 of the CPC for transferring the C. O. S. no. 1-A/07 filed by the respondent-husband in the Family Court, Jabalpur to Family Court, Rewa.

(2.) AS per averments of the petition the applicant got married with the respondent on dated 9. 5. 02 at Satna in accordance with rites and rituals of hindu Community. Subsequent to such marriage on arising the matrimonial dispute between them, the respondent filed the aforesaid petition under section 13 of the Hindu Marriage Act for dissolution of the marriage in the family Court at Jabalpur while on account of the aforesaid dispute the appellant is residing at Rewa alongwith her brothers, aged eighteen years, sixteen years and ten years respectively and one unmarried sister, aged twenty four years. Her father being an old aged person is unable to do any work and he is not in a position to accompany the applicant to defend the aforesaid case at Jabalpur on every hearing. Besides this, she does not have any source of income to afford the travelling and other expenses to defend the case at Jabalpur. It is very inconvenient for her to come and defend the case at Jabalpur on every date. In the absence of any competent male person in the family to accompany her, she can not travel all alone. On earlier occasion in connection of such case when she came to Jabalpur the respondent-husband with number of persons threatened her to give consent for divorce else she will have to face the serious consequence. Therefore, under such circumstances she is not safe at Jabalpur if she comes to defend the case and prayed to transfer the case.

(3.) IN reply of the respondent the grounds stated by the applicant for transfer of the case are denied. In addition, it is stated that the applicant did not disclose the reason to reside at Rewa while her parents are residing at satna. In such way her conduct is suspicious. It is pleaded that the respondent is praying the maintenance and alimony money to the applicant as per direction of the court, inspite it this petition is preferred on the false pretext only to harass the respondent-husband. In such premises the prayer for dismissal of the petition is made.