Heard.
In this application under section 24 of the Code of Civil Procedure, the applicant seeks transfer of the matrimonial case, namely R.C.S.-HM/0022/2014 instituted by non-applicant/husband from the Court of Sagar to Bhopal.
I have heard learned counsel for the parties and have perused the record. Learned counsel for the applicant submits that the respondent is also residing at Bhopal and proceeding under Section 125 of the Code of Criminal Procedure is already pending before the Competent Court at Bhopal. Learned counsel for the applicant submitted that the applicant is a house hold woman and the distance between Bhopal to Sagar is about 200 kilometers and there is no male member in her family to accompany the applicant. The applicant has instituted the proceeding under Section 125 of Cr.P.C. in Bhopal, wherein the non-applicant has already entered appearance at Bhopal. It is further submitted that the applicant is resident of Bhopal and has no source of income and in case she is required to travel to attend the proceeding at Sagar, she would suffer inconvenience.
I have considered the submission made on behalf of both the sides. It is well settled in law that though section 24 of the Code of Civil Procedure confers power on the court to transfer the proceeding yet this power has to be exercised with circumspection and care. Convenience of parties has to be seen. See: Kulwinder Kaur Vs. Kandi Friends Education Trust and others, 2008 (3) SCC 659. However, the Supreme Court has sounded a note of caution that leniency to women show by Court in such transfer matters are often misused and taken advantage of by women and, therefore, the Court is required to consider each case on its merits. In the case of Anindita Das Vs. Srijit Das, (2006) 9 SCC 197 and Sumita Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, the Supreme Court has held that in a suit instituted by the husband, convenience of the wife has to be taken into account. In view of aforesaid enunciation of law by the Supreme Court, the application is allowed. The proceeding pending at Sagar, namely, namely R.C.S.No.HM/0022/ 2014 is transferred to District Judge, Bhopal, who may either try the proceeding himself or may transfer to the Court of competent jurisdiction. The Court of Bhopal shall make an endeavour to conclude the proceeding, expeditiously. With the aforesaid directions, the application stands disposed of. C.C. as per rules.
(ALOK ARADHE) JUDGE