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2010 Supreme(MP) 671

U.C.MAHESHWARI
Jyoti Bangde – Appellant
Versus
Sanjay Bangde – Respondent


ORDER

U.C. Maheshwari, J.

1. This petition is preferred by the applicant/wife under Section 24 of the Code of Code of Civil Procedure for transferring the Civil Original Suit No. 61-A/09 filed by the Respondent/husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 in the Family Court Sagar, from such Court to the competent court at Bhopal. It is noted that on earlier occasion, M.C.C No. 1036/09 was also filed on behalf of the applicant in this regard but the same was dismissed as withdrawn by extending liberty to the applicant to file the fresh petition by mentioning the additional and elaborate facts vide order dated 6.10.09. Accordingly, on earlier occasion, no such petition has been decided on merits. In such circumstances, the same is being decided on merits.

2. The facts giving rise to this petition are that the Respondent herein, being husband of the applicant, on arising some matrimonial dispute between them, filed the aforesaid civil suit under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 for decree of divorce in the Family Court, Sagar, while at the instance of the applicant, a criminal case under Section 12 of the Protection of Women from Domestic Viol












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