SHASHIKALA Vs. SURENDRA KUMAR

JUDGEMENT

(1.) The petitioner-wife has filed this application under Sec. 21-A of the Hindu Marriage Act, 1955 read with Sec. 24 Civil Procedure Code praying that the petitioner has filed an application under Sec. 13 of the Hindu Marriage Act for divorce against the respondent on the ground of cruelty, in the Court of District Judge, Indore, which is pending for its disposal in the Court of 9th Additional Judge to the Court of District Judge, Indore. The respondent has also filed a petition under Sec. 13 of the Hindu Marriage Act on the ground of desertion for grant of a decree of divorce against the petitioner, in the Court of the Additional Judge Neemuch, to the Court of District Judge, Mandsaur.

(2.) Admittedly, the petition filed by the petitioner-wife at Indore Court, which is having jurisdiction to try the same, was earlier in point of time. By this petition, the petitioner-wife, on the ground of convenience of the parties and in view of the fact that the petitioner is a lady, has prayed that the petition filed by the respondent in the Neemuch Court be ordered to be transferred to the Court of the 9th Additional Judge to the Court of District Judge, Indore, so that both the petitions be heard and disposed of by the same Court so as to avoid conflicting decisions in the case.

(3.) Shri S. P. Joshi, learned counsel for the petitioner placed reliance on the provisions of Sec. 21-A(2)(b) of the Hindu Marriage Act, 1955 and also a decision of the. Apex Court in Guda Vijaylakshmi Vs. Guda Ramchandra Sekhura Sastry (AIR 1981 Supreme Court 1143).