Smt. Rukhmani Jharia v. Sonu Mehra

MCC-890-2014 (SMT. RUKHMANI JHARIA Vs SONU MEHRA) 30-09-2015 Mr. Manoj Kumar Sanghi, learned counsel for the applicant. Heard. In this MCC under Section 24 of the Code of Civil Procedure, the applicant wife seeks transfer of Civil Suit No.15-A/2014 pending in the court of District- Judge, Narsinghpur to the Family Court, Jabalpur. Learned counsel for the applicant submits that the applicant is a household woman and she is unable to travel to Narisinghpur. It is further submitted that the applicant has to take care of her minor child and, therefore, the proceeding may be transferred to Jabalpur. I have considered the respective submissions made by learned counsel for the parties and have perused the record. It is well settled in law that while exercising the power under Section 24 of the Code of Civil Procedure, convenience of the parties has to be taken into account. [See: Kulwinder Kaur

v. Kandi Friends Education Trust and Others, (2008) 3 SCC 659 and Sumita Singh v. Kumar Sanjay and Another, AIR 2002 SC 396] However, subsequently the Supreme Court in Anindita Das v. Srijit Das, (2006) 9 SCC 197 has held that the court is required to consider each case on its merits. The applicant is residing at Jabalpur and the proceeding has been instituted at Narsinghpur which is well connected by rail and the travelling time from Jabalpur to Narsinghpur is only one hour. Therefore, I am not inclined to transfer the proceeding from Narsinghpur to Jabalpur. However, in the facts of the case, it is directed that the non-applicant husband shall pay travelling expenses to the applicant wife as and when she attends the proceedings at Narsinghpur. Let a copy of this order be sent to the trial Court by FAX. For the aforementioned reasons, the MCC fails and is hereby dismissed. C.C. as per rules. (ALOK ARADHE) JUDGE