The main legal point established in the judgment is that the transfer of a case must be carefully considered to ensure a fair trial, convenience for the parties, and the interest of justice.

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occasion, M.C.C No. 1036/09 was also filed on behalf of the applicant in this regard but the same was dismissed as withdrawn by extending liberty to the applicant to file the fresh petition by mentioning the additional and elaborate facts vide order dated 6.10.09.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 Violance Act, is pending in the court of JMFC Bhopal. As per further averments of it, the applicant, being woman, under the compelling circumstances created by the Respondent, is residing with the family of his father at Bhopal. His father being old aged person is not in a position to accompany her for attending the above mentioned case on every date at Sagar and except the father there is no any other person in the family of her parents to accompany her for attending the case at Sagar. It is also stated that the applicant being unemployed person, is not having any source of income and, in such circumstance, she is unable to afford the traveling and other expenses for attending the case at Sagar. Besides that she is under apprehension that on her going to Sagar she may be subjected to any untoward incident by the Respondent. With these averments the applicant has filed this petition.

3. In reply of the Respondent all the aforesaid grounds for transferring the case are denied. In addition it is stated that in compliance of the direction of the trial court he is paying the interim alimony and the expenses of the applicant to attend the case at Sagar. In this regard some documents are also annexed with the reply. It is also stated that in pendency of such case, since the date of its institution, on coming the applicant to Sagar for defending the case, no untoward incident has taken place. Even otherwise, no police report has been lodged by the applicant in this regard till today. As per further averments, the petition is preferred only for harassing the Respondent. Earlier to this petition, some petition was also filed. The same was withdrawn and now without mentioning any change in the circumstance or the particulars, the same is filed with same averments and prayed for dismissal of the petition.

4. The applicant's counsel by referring the facts stated in the petition made an additional submission that out of the aforesaid wedlock of the applicant and the Respondent, they have been blessed with a daughter to being aged 6 years, is also residing with the applicant and except the applicant, no any other person is available in her parental family to look after such daughter as her father being old aged person is not in a position to lookafter such daughter and prayed to allow this petition.

5. On the other hand, responding the aforesaid arguments, Respondent's counsel by referring the averments of the reply said that the case is at the stage of recording the evidence of the applicant and her witnesses and, in such premises, only in 2-3 dates, it may be concluded by the trial court. He also argued that he is paying the interim alimony and the expenses of the litigation as directed by the trial court, therefore, there is no necessity to transfer the case from Saga