The discretionary power under Section 24 CPC can be exercised in favour of a party who / which approaches the Court with clean hands.

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.

4. The application has been opposed by the non applicant. It has been submitted that the applicant has concealed material facts in the application for transfer of the suit. It has been submitted that the applicant had earlier filed a transfer application No.867/2012 before the Hon'ble Supreme Court seeking transfer of the same suit i.e. No.9/2012 from the court of Civil Judge (Junior Division) Bamanwas (Sawai Madhopur) to a court at Delhi. However subsequently the said transfer application was withdrawn by the applicant on the plea that she was residing at Bikaner. While filing the transfer application No.867/2012 before the Hon'ble Supreme Court seeking transfer of suit No.9/2012 from Bamanwas to Delhi, the applicant had given out her address as Faridabad, and on this count the transfer of the case No.9/2012 was sought from Bamanwas to Delhi. These facts as to her residence have been suppressed by the applicant in her application before this Court for the transfer of the same suit i.e. No.9/2012. It has been further submitted that the applicant has filed several applications in the suit No.9/2012 at Bamanwas which have been dismissed and now the suit is at an advanced stage and evidences of the parties is to be recorded. The four applications filed by the applicant were (i) Application under Order 7, Rule 11 CPC for maintainability of suit, (ii) Application under Order 6, Rule 16 CPC for deleting some paras of suit, (iii) Application under Section 148 CPC seeking time to file reply,