Smt. Vandana @ Gayatri Patwa v. Rajkumar @ Rajju

MCC-2758-2015 (SMT. VANDANA @ GAYATRI PATWA Vs RAJKUMAR @ RAJJU) 01-03-2016 Mr.Sanjay Sharma, learned counsel for the applicant.

Mr.Mukesh Pandey, learned counsel for the non-applicant.

With the consent of parties, the matter is heard finally.

By means of this application, the applicant seeks transfer of proceeding under section 9 of Hindu Marriage Act being Civil Suit No.3-A/2015 instituted by non-applicant and is pending before Additional District Judge, Amarwada, District Chhindwara to Family Court, Balaghat.

Learned counsel for the applicant submitted that father of the applicant is an old aged poor person and the applicant has no source of income. It is also submitted that non-applicant is already appearing in proceeding under section 125 Cr.P.C. before Family Court, Balaghat as also the proceeding under the provisions of Protection of Women under Domestic Violence Act.

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 well settled legal propositions, the facts of the case may be seen. Admittedly, the distance between Amarwada and Balaghat is 200 Kms. and the same are not connected by rail.

Taking into account that the non-applicant is already appearing in proceeding under section 125 Cr.P.C. and Domestic Violence Act, 2005 at Balaghat and in view of well settled legal position that convenience of wife is required to be seen, the application is allowed. The proceeding of Civil Suit No.3-A/2015 pending before Additional District Judge, Amarwada, Chhindwara are transferred to the Family Court, Balaghat. The Family Judge, Balaghat may himself try the proceeding or may refer for adjudication to the court of competent jurisdiction.

M.C.C. is allowed.

(ALOK ARADHE) JUDGE