SHACHEENDRA DWIVEDI, J.

( 1 ) THIS petition under Section 24 of the Civil Procedure Code is filed by defendant/wife, seeking transfer of Civil Suit No. 22-A/88, filed by non-petitioner under Section 12 (1) (b) and Section 13 (1) (ia) and (iii) of the Hindu Marriage Act, pending in the Court of 5th Additional District Judge, Bhopal, to an appropriate Court at Gwalior.

( 2 ) FACTS leading to the filing of this petition may be briefly stated. The petitioner is a legally wedded wife of the non-petitioner, and their marriage took place at Bhopal on 28-11-85. The petitioner and the non-petitioner are stated to have lived together till 18-6-86. On 19-6-86, the petitioner delivered a female child, now named Dolly.

( 3 ) IN the above suit, a written statement has been filed, and is being contested by the petitioner. In that suit an application under Section 26 of the Hindu Marriage Act for taking the custody of Dolly, the minor daughter, was moved by the non-petitioner, which was dismissed on 27-6-90, by the Court against which a Misc. Appeal was filed by non-petitioner in the High Court at Jabalpur, wherein a show cause notice was issued and has been answered by the petitioner.

( 4 ) IN this petition, it is averred that going to Bhopal is most inconvenient to the petitioner being a lady as she cannot go there every time all alone, with the minor child. Though, the petitioner has a brother but he is also not prepared to accompany her to Bhopal every time. It is alleged further that the non-petitioner has given a threat to the petitioner and her relations that if the petitioner does not agree for divorce, they should all be prepared for dire consequences. The petitioner due to such threat to her life and limb, feels apprehensive and is scared of going to Bhopal. In the circumstances, therefore, it is submitted that there cannot be a fair trial at Bhopal and has as such prayed that the Civil Suit pending at Bhopal be transferred to an appropriate Court at Gwalior.

( 5 ) DENYING the allegations, a preliminary objection with regard to territorial jurisdiction of this Bench, in entertaining the petition, is raised by the non-petitioner contending that while establishing the permanent Benches of the High Court of Madhya Pradesh with its Principal Seat at Jabalpur under the Presidential Order dated 28-11-68, passed in exercise of his powers under Section 51 (2) of the States Reorganisation Act 1956, the areas of the State were provided and that cases arising out of Bhopal District, as that vests in the Main Seat of the High Court at Jabalpur.

( 6 ) IT would be of much relevance at this stage to refer to the past history of the High Court in this State. The present State of Madhya Pradesh came to be formed under Section 9 of States Reorganisation Act, 1956 (for short 'the Act'), from 1-11-56. Under Section 50 of the Act, the High Court of Madhya Pradesh with its seats at Gwalior and Indore and the Judicial Commissioners' Court for Bhopal and Vindhya Pradesh were abolished from the above date. The President of India, under sub-section (1) of Section 51 of the Act, issued the order on 30-10-56, appointing the principal seat of the High Court of the new State of Madhya Pradesh at Jabalpur, and the Chief Justice, by order dated 1-11-56, ordered, the holding of sittings of High Court also at Gwalior and Lahore, establishing temporary Benches, with intent to continue the facility of High Court, which was available to the people of the area from before, adding some more area as a result of State's reorganisation.

( 7 ) THESE temporary Benches were made permanent by the President of India under his order dated 28-11-68, passed in exercise of his powers under Section 51 (2) of the Act. The order passed with regard to Gwalior, Bench, may be reproduced with profit :-"in exercise of the powers conferred by sub-section (2) of Section 51 of the States Reorganisation Act, 1956 (37 of 1956), I Zakir Hussain President of India, after consultation with the Gover

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