Mr.Akhil Singh, learned counsel for the applicant. Ms.Manisha Tiwari, learned counsel for the non-applicant. Heard.
In this application, under section 24 of the Code of Civil Procedure, the applicant/wife seeks transfer of the matrimonial case No.4-A/2014 under Section 13 as well as under Section 9 of the Hindu Marriage Act from the Court of Mauganj, District Rewa to the Court of Amarpatan, District Satna. Learned counsel for the applicant submits that a case under 125 of the Code of Criminal Procedure is already pending in the Court at Amarpatan, District Satna whereas the non-applicant has already entered appearance.
I have considered the submission made by learned counsel for the applicant and have perused the record. 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 shown by Court in such transfer matters is often misused and taken advantage of, by the 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 is to be taken into account. In view of the aforesaid enunciation of law, this application has been allowed and it is directed that the proceeding instituted by the non-applicant under Section 9 as well as 13 of the Hindu Marriage Act are being transferred to the Court at Amarpatan. Let a copy of this order be sent to the trial Court by Fax. Accordingly, the application is allowed. C.C. as per rules.
(ALOK ARADHE) JUDGE