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2007 Supreme(MP) 14

ARUN MISHRA
RAKHI MISHRA – Appellant
Versus
SANJAY MISHRA – Respondent


Advocates Appeared:
A.C.Thakur, K.PATHAK, N.Rathore,

Judgment

( 1. ) THIS transfer application has been filed under Section 23 (3) of the Civil procedure Code for transfer of Case No. 65-A/05 pending before the 1st Add1. District Judge, Balaghat (M. P.) to Durg (Chhattisgarh ).

( 2. ) RESPONDENT/husband has filed a petition under Section 13 of the hindu Marriage Act for obtaining divorce which is pending in the Court of 1st addl. District Judge, Balaghat. Marriage was performed on 29-4-98, out of the wedlock, a child, namely, Ku. Rani was born who is residing with the petitioner at Durg. Husband of petitioner is a Development Officer in LIC and posted at balaghat. Petitioner reported the matter to the police and husband is being prosecuted under Section 498-A of IPC at Durg. An application under Section 125, Cr. PC has also been filed, that is also pending at Durg. Petitioner is working as Shikshakarmi Grade III as such interim maintenance has not been awarded as she is in receipt of salary of Rs. 3,500/- per month.

( 3. ) TRANSFER of the case has been sought from Balaghat (M. P.) to Durg (Chhattisgarh) on the ground that it is difficult for the petitioner to attend the dates of hearing at Balaghat as she is a woman and it will be diffi








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