SHIVANGI MEENA Vs. SURESH KUMAR MEENA

JUDGEMENT

(1.) This miscellaneous petition under Section 24 of the Civil Procedure Code, 1908 at the instance of the applicant wife seeks transfer of civil suit No.9/2012, Suresh Kumar Meena v. Shivangi Meena from the court of Civil Judge (Junior Division) Bamanwas (Sawai Madhopur) to the court of Civil Judge (Junior Division) Hindaun City (Karauli).

(2.) The applicant and the non applicant belonging to Meena community were married on 12-5-1998 at Danalpur District Karauli according to Hindu religion and rites. A male child was born out of the marriage and is presently about 13 years of age. The non applicant husband filed a civil suit under Order 7, Rule 1 CPC before the court of Civil Judge (Junior Division) Bamanwas seeking a declaration that the marriage between the applicant and the non applicant stood dissolved in terms of a community divorce. It was submitted that Hindu Marriage Act, 1955 did not apply to the couple as they belonged to the Meena community and a customary divorce was wholly legal and be so declared by the court. Allegations in the suit were denied in the written statement. The merit of the case of the contesting parties is however not relevant to this transfer petition, and therefore will not be adverted to. Attention will be focused on the transfer application alone.

(3.) The applicant has prayed that this court exercise its power under Section 24 CPC and transfer the suit No.9/2012 from the court of Civil Judge (Junior Division) Bamanwas (Sawai Madhopur) to the court of Civil Judge (Junior Division) Hindaun City (Karauli) for the reason that the non applicant husband belongs to Bamanwas where he and his family members allegedly wield considerable influence and have the potential of obstructing the defence of the applicant in the non-applicant's suit for declaration that the marriage has been dissolved by the community panchayat. It has been also submitted that the applicant's life would be under threat in the event she were to visit Bamanwas to defend the case. It has been submitted that the applicant is residing at Hindaun City along with her family members and she is "helpless" lady who cannot travel on each and every occasion to the court at Bamanwas to defend the case set up by the non applicant. Financial strain has also been set up as a ground. Hence transfer of the case from court of Civil Judge (Junior Division) Bamanwas (Sawai Madhopur) to the court of Civil Judge (Junior Division) Hindaun City (Karauli) has been sought.