MCC-343-2010 (SMT.GAYATRI Vs ASHOK SINGH TOMAR ) 16-11-2015 Mr.S.S.Chouhan, learned counsel for the applicant.
Heard.
By means of this application under section 24 of the Code of Civil Procedure the applicant seeks transfer of matrimonial proceeding under section 13 of Hindu Marriage Act from Gohad, District Bhind to Katni.
Facts giving rise to filing of this application, briefly stated, are that the marriage between the applicant-wife and respondent-husband was solemnized 15 years ago. The respondent-husband initiated proceding against the applicant-wife seeking decree of dissolution of marriage which is pending before Additional District Judge, Gohad, District Bhind.
It is well settled in law that though section 24 of the 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 v. 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 taken into account.
In view of aforesaid well settled legal position, the facts of the case may be seen. The applicant is resident of Katni and is living with her minor children. The proceeding under the Guardian & Wards Act have already been transferred to Katni. The distance between Gohad and Katni is about 500 Kms., which is not connected by Rail. Accordingly, the application is allowed. The proceeding under section 13 of Hindu Marriage Act in Case No.35/2006HMA pending at Gohad, District Bhind are transferred to court of competent jurisdiction at Katni.
M.C.C. is allowed.
C.C. as per rules.
(ALOK ARADHE) JUDGE