1988 Supreme(MP) 400

IN THE HIGH COURT OF MADHYA PRADESH
S.K. Dubey, J.
Munnibai - Applicant
Vs.
Lokprasad Tiwari - Non-Applicant
Misc. C.C. No. 117 of 1988 (I)
Decided On : 12-10-1988

Headnote:Civil Procedure Code, 1908 – S.24 – applicant being lady not able to attend the case instituted for from her residential town – transfer also necessary to save time and expenses – case transferred.

        Short Note

       The petitioner, wife of the respondent, has approached this Court by a petition under section 24 of the Code of Civil Procedure for transfer of the main suit No. 5 – A of 1988 pending before the 2nd Additional Judge to the Court of District Judge, Mandleshwar, wherein under section 13 of the Hindu Marriage Act, 1955, the respondent has prayed for divorce.

       2. The main contention of the learned counsel for the petitioner is that the petitioner is a lady residing at Indore and it is not convenient to her to attend the proceedings or defend the case at Mandleshwar. Learned counsel for the petitioner also submitted that the marriage was solemnised at Indore. Hence, even though the Court at Mandleshwar has jurisdiction, the Court at Indore has also got jurisdiction to try the suit. The counsel also submitted that in fact, the respondent resides at Indore. He has got ancestral property at Indore but to harass the petitioner, the suit has been filed at Mandleshwar. Looking to the convenience of the parties and to save expenses, the case be transferred from the Court of the Additional District Judge Mandleshwar, to the Court of competent jurisdiction at Indore. Learned Counsel placed reliance on the cases of this Court reported in Purnima Shrivastava v. Sanjeeva Shrivastava (MPWN 1984 Short Note 570). Najma Begum v. Mohammad Hameel (1984 MPWN Short Note 105), Neenadevi Bhatnagar v. Mahesh Prasad Bhatnagar (1986 (1) D.M.C. 31) and Kamma v. Prakash Chand Sohone (1985 (1) D.M.C. 403).

       3. Held: After hearing the counsel, I am satisfied that it is a case, where an order of transfer is needed for a proper and fair trial and looking to the convenience of the parties, particularly, the petitioner is a lady residing at Indore, cannot attend each date of hearing at Mandleshwar, which is quite far from Indore. To save time and expenses also, it would be convenient to pass an order of transfer.

       4. Hence, it is ordered that the case pending in the Court of the 2nd Additional Judge to the Court of District Judge, Mandleshwar shall be transferred to the Court of District Judge, Indore and if the District Judge, Indore, is, for any reason, not able to try the case due to voluminous work, he may transfer the case to other Additional District Judge of the competent jurisdiction to try the suit in question. After transfer of the case, the petitioner shall file her written statement and after filing of the same, the case shall be disposed of as expeditiously as possible. The parties shall appear before the District Judge, Indore, on 22nd November, 1988. A Copy of this order be sent to the Court of the 2nd Additional Judge to the Court of District Judge, Mandleshwar, who will transfer the case to the Court of District Judge, Indore and send the record so as to reach the same on or before 22nd of November, 1988. 1984 MPWN 570 and 105, 1986 (1) D.M.C. 31 and 1985 (1) D.M.C. 403 referred to. Application allowed.