M.C.C. No.424/2011 (Smt. Vaneeta Kalbhore Vs. Pradeep Kalbhore) 16.11.2015 Shri Ankit Saxena, Advocate for petitioner. Shri Sanjay Kumar Sharma, Advocate for the respondent. This petition under Section 24 of of the Civil Procedure Code has been filed for transferring of the matrimonial proceedings from Shivpuri to Gwalior. Facts giving rise to filing of this application, briefly stated, that the non-applicant has filed a petition under Section
9 of the Hindu Marriage Act for restitution of conjugal rights. It is well settled that though Section 24 of Code of Civil Procedure confers power on Court to transfer proceeding, yet this power has to be exercised with circumspection and care. Convenience of the parties has to be taken on account. [See: Kulwinder Kaur Vs. Kandi Friends Education Trust and others, (2008) 3 SCC 659]. In (2003) 11 SCC 726 Supreme Court had directed transfer of proceeding taking into account the fact that wife was required to travel long distance and was required to take care of daughter aged four years. Similarly, in Sumita Singh Vs. Kumar Sanjay and another AIR 2002 SC 396, the Supreme Court observed that it was the husband's suit against wife and, therefore, convenience of wife has to be M.C.C. No.424/2011 taken into account. In the backdrop of aforesaid well settled legal position, the facts of the case may be seen. The applicant is a house- hold woman and has no source of income. Besides that, the counsel for non-applicant expressed that he has no objection to the transfer of the proceedings from Shivpuri to Gwalior. In view of the aforesaid submissions, MCC is allowed. Proceedings of case no. 111/2011 HMA are transferred from Shivpuri to Competent Court at Gwalior. Let a copy of this order be sent to the trial Court. (Alok Aradhe) sh/- Judge