REKHA Vs. VIRENDRA

JUDGEMENT

(1.) THIS application under section 24 of CPC for transfer of matrimonial case bearing No. 18/07 HMA (Vijendra v. Smt. Rekha) pending in the Court of Additional District Judge, Sabalgarh, has been filed by the applicant on the ground that she is residing at Bhind alongwith her parents and distance between Sabalgarh and Bhind is approximately 190 kms, and she has no independent source of income and fully dependent on her parents and it is not possible for her to attend the matrimonial case filed by her husband-Vijendra at Sabalgarh.

(2.) THE husband of the applicant has filed reply to this application and submitted that the distance between Sabalgarh and Bhind is approximately 100 kms, and the applicant has also lodged an FIR against him at Sabalgarh on 16.11.2007 i.e. after filing of matrimonial case, just to harass him and Police Station Sabalgarh vide Crime No. 301/07 registered a case against the non-applicant under section 498-A of IPC. It is also submitted that in a proceeding under section 125 of CrPC as an interim measure learned Judicial Magistrate First Class has directed the non- applicant to pay a sum of Rs. 1,000/- in case No. 18/07. He lastly submitted that father of the applicant is an influential person and is in service and she is residing with her parents till September, 2007, therefore, no case for transfer as prayed for by the applicant is made out. With the above, learned counsel for the non-applicant prays for dismissal of application.

(3.) CONSIDERING these facts no case for transfer of matrimonial case as prayed by the applicant is made out. The application filed by the applicant has no merit and is accordingly dismissed but without any order as to costs.