Heard.
In this application under section 24 of the Code of Civil Procedure Code, the applicant seeks transfer of the matrimonial case, namely C.S.No.108/2014 instituted by non-applicant/husband from the Court of Chhindwara to Sagar.
I have heard learned counsel for the parties and have perused the record. Learned counsel for the applicant submits that the daughter of the applicant suffers with physical disability to the extent of 65% and two cases are already pending at Sagar, namely, the proceeding under Section 125 of the Code of Criminal Procedure as well as under the provision of Protection of Women from Domestic Violence Act. The applicant is a household woman 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. as well as under the provision of Protection of Women from Domestic Violence Act in Bhopal, wherein the non- applicant has already entered appearance at Sagar. It is further submitted that the applicant is resident of Sagar and has no source of income and in case she is required to travel to attend the proceeding at Chhindwara, 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 Chhindwara, namely, namely C.S.No.108/2014 is transferred to District Judge, Sagar, who may either try the proceeding himself or may transfer to the Court of competent jurisdiction. The Court of Sagar 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