JUDGMENT:

C.K. THAKKER, J.

Leave granted.

2. A short but interesting question of law has been raised before this Court in the present appeal as to the power, authority and jurisdiction to transfer suits/appeals/other proceedings by a High Court from one Court subordinate to it to another Court subordinate to another High Court.

Factual Matrix

3. To appreciate the controversy, it is appropriate to set out facts of the case. The appellant herein Durgesh Sharma is the husband of the respondent Smt. Jayshree Sharma. Marriage of the parties was solemnized at Malegaon, District Nasik in the State of Maharashtra on May 16, 1989. It is not in dispute that after the marriage, both the parties lived in Ujjain in the State of Madhya Pradesh.

4. It is the case of the husband that the wife is quarrelsome. She used to raise disputes with the husband and his family members on petty matters. She also threatened the husband that in case she would be kept at Ujjain against her wishes, she would consume poison.

5. It is also the allegation of the appellant- husband that respondent-wife left matrimonial home in 1991. She thereafter stayed with her parents and at parental home, gave birth to twins - son Mayan