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2010 Supreme(MP) 385

PIYUSH MATHUR
Saroj Devi Kushwaha – Appellant
Versus
Satendra Singh Kushwaha – Respondent


Advocates Appeared:
R.S.Kushwaha, H.K.Shukla

Judgment

( 1. ) This is an application preferred by the wife under section 24 of the Civil Procedure Civil, seeking transfer of the proceedings instituted on behalf of the respondent/Husband, before the Family Court on the ground that the husband has desereted the wife and she is not in a position to attend the proceedings at Gwalior as she is residing at Village Hingona, District Morena, which is situated at a distance of about 50 Kilometers from Gwalior.

( 2. ) The facts of the case reveal that the petitioner and respondent were married at Morena but due to alleged cruel behaviour of the Husband, the wife was compelled to leave the Matrimonial home since then she is residing at her parents house. The applicant has further demonstrated that the cruel behaviour of the respondent as also his family members, it directed towards their ill-gotten demand of dowry. It is also submitted that the Husband has beaten her when she was coming out of the Family Court on date 8.4.2009 about which a prompt FIR was lodged on the same day at Gwalior and the Husband has threatened the wife for facing dire consequences, therefore she has expressed her unwillingness and fear of going to Gwalior, by pro









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