1984 Supreme(MP) 685

Faizan Uddin, J.
Purnima Shrivastava v. Sanjeeva Shrivastava.
M. C. C. No. 339 of 1984 (J); Dccided on 18-10-1984.

Headnote:(1) Civil P. C., 1908 -- S. 24 -- suit can be filed at any of two places -- pluce J convenient to both parties -- suit transferred to place J.

        (2) Hindu Marriage Act, 1955 -- S. 13 -- suit for divorce -- may be instituted either at place where marriage was solemnised or where parties last resided together.

        The respondent has instituted a suit for restitution of conjugal rights against the petitioner in the Court at Gwalior which was dismissed on 20th December 1983 holding it to be premature. The respondent then filed the suit for divorce under section 13 (1) (ik) of the Hindu Marriage Act before the District Judge, Gwalior, The petitioner contends that since both the petitioner and respondent-husband had last resided at Jabalpur and as the husband is presently posted and serving at Jabalpur, the said suit be transferred to the Court of the District Judge at Jabalpur which will be convenient to both the parties as the respondent-husband is Li"Ving at Jabalpur itself and Nagpur will be nearer to Jabalpur is compared to Gwalior. The petitioner also contends that she has no male member in the family except her old father in order to escort her from Nagpur to Gwalior, as and when necessary in connection with the said suit. The petitioner has filed an affidavit in support of these facts.

        Held : The respondent has not come forward to contest this petition. The suit for divorce may be instituted at a place where the marriage was solemnised as well as at a place where the parties last resided. It is true that in a case where there is a question of choice the suitor has the privilege to choose the forum; but in the special facts and circumstances, as of the case in hand, the petitioner is a lady Li"Ving at Nagpur which is quite at a distance from Gwalior. She has no one except her old father to help her in escorting to Gwalior as and when it is necessary to do so. The respondent resides and works at Jabalpur. The parties had also last resided at Jabalpur and, therefore, the suit may be filed at Jabalpur as well. If the suit is transferred to Jabalpur Court it will be more convenient to respondent himself. Having regard to the convenience of the parties, I feel it advisable that the said suit be transferred from Gwalior to Jabalpur. Petition allowed.