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 Mayank and daughter Malvika on December 25, 1991. She stayed at parental home from 1991 to 1997. In 1997, the respondent-wife came to Ujjain, but after about 3-4 months, she again left matrimonial home and deserted the husband permanently without proper or sufficient reason, depriving the husband of matrimonial enjoyment. The husbands prestige has been badly affected by the conduct of the wife.

5. The appellant-husband served a notice through his advocate to the respondent-wife on September 22, 2004 to join him to which a reply was sent by the wife through her counsel on October 08, 2004 wherein false allegations have been levelled against the husband which clearly went to show that she was not prepared to stay with the husband.

6. Since the respondent-wife did not return matrimonial home, the appellant-husband instituted a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act) on October 27, 2004 in the Family Court at Ujjain which was registered as HMA Petition No. 164A of 2004 for dissolution of marriage on the grounds of (i) desertion; and (ii) cruelty. The appellant husband has stated in the petition that both the parties lastly lived together at Ujjain as husband and wife. Ujjain Court has, therefore, jurisdiction to entertain, try and decide the petition.

7. The respondent-wife filed a written statement controverting facts and denying allegations levelled against her by the appellant-husband. It was stated by her that the appellant-husband had neither provided maintenance to the respondent-wife nor to the children. She denied that her conduct towards her husband and his family members was not proper and that she did not want to stay with the family members of the husband. All such allegations were made only with a view to taking divorce from the respondent-wife. It was denied that the wife deserted the husband without sufficient cause.

8. She also refuted the allegation of having deprived the husband of matrimonial enjoyment and she had subjected him (husband) to physical as well as mental cruelty and torture. She denied that prestige of the husband had been badly affected in the society because of the conduct of the respondent-wife. She stated that her husband took away all the ornaments, jewellery and garments from her. Though sufficient amount of dowry was given to the husband, still he was insisting for additional amount and other articles.

9. She also stated that she was staying at Malegaon, District Nasik in Maharashtra which was at a distance of about 400 kms. from the city of Ujjain. Parents of the respondent- wife were very old. Business of her father was closed. Her brothers had been working separately and were maintaining their own families. She had, therefore, to travel at such a long distance all al