SANGEETA GROVER Vs. RANJAN GROVER

JUDGEMENT

(1.) In this application filed by the wife under Section 24 of the Code of Civil Procedure, she has prayed for transfer of Case No.60/2017 from the Court of Principal Judge, Family Court, Katni to the Competent Court at Jabalpur.

(2.) Briefly stated, the facts are that the applicant and the respondent solemnized marriage on 11-05-2003 through Hindu customs. The case of the wife is that she was harassed and tortured by the husband and the family members. Father of applicant passed away on 19-02-2006. Her only brother Kapil is suffering from 'stiff neck with scoliosis'. He is disabled to the extent of 40%. The applicant's mother is an aged ailing old lady and her financial condition is very bad. The applicant could not stay with the husband and ultimately she came back to her mother's place. The applicant travelled with her two sons to Bhavnagar via Delhi. The respondent lodged a missing complaint in the police station and the police recovered her and two sons from Bhavnagar (Gujarat). In January 2017, the respondent preferred an application before the Juvenile Board at Jabalpur stating that two children are in custody of present applicant and they are not safe and thus they be handed over to the applicant. The applicant submits that her two sons are school going children. The respondent filed an application under Section 9 of the Hindu Marriage Act, 1955 on 03-05- 2017 before the competent Court at Katni, which was registered as Case. No.60/17. The applicant, in turn, appeared before the said Court and filed her reply. The applicant has no support from any male member and she had to travel all the way to Katni to contest the said matter. Katni is about 100 kms away from Jabalpur. Considering the aforesaid, the said case bearing No.60/17 may be directed to be transferred to Jabalpur.

(3.) The respondent has not filed any reply. Shri Piyush Bhatnagar, learned counsel for the respondent formally opposed the said contention.