MCC No.734/2013 27.08.2013 Shri R.K.Sen, learned counsel for the applicant.
None for the respondent, although served and represented through duly engaged counsel.
In compliance of the order dated 7.8.2013 this matter is listed today for admission as well as for final disposal.
Heard.
On behalf of the applicant, the wife of the respondent this petition is preferred under under Section 24 of the CPC for appropriate direction to transfer the Hindu Marriage Case No.44-A/2013 filed by the respondent against her under Section 9 of the Hindu Marriage Act 1955 for restitution of conjugal rights in the court of District Judge, Damoh, from such court to some competent court at Jabalpur.
The facts giving rise to this petition in short are that the applicant got married with the respondent at Kajarwara, Jabalpur on 27.6.2010.
Subsequently out of such wedlock, they have been blessed with a girl child.
It is also stated that subsequent to marriage, the applicant was subjected to cruelty and harassment in the matrimonial home on account of demand of dowry by the respondents and due to that under compulsion she was forced by the respondent to leave her house alongwith the child and pursuant to that she is residing at Jabalpur with her parental family.
As per further averments, she did not possess any source of income to meet the expenses of the livelihood of herself and daughter, so in such premises, she is not in position to meet the expenses to go and attend the court at Damoh.
It is further stated that at the instance of the applicant and on behalf of her daughter, a proceeding under Section 125 of the Cr.P.C.is also pending in the court of Principal Judge, Family Court, Jabalpur and one other proceeding under the Protection of Women from the Domestic Violence Act 2005 at the instance of the applicant is also pending at Jabalpur and just to create pressure on the applicant, the respondent has filed aforesaid proceeding under Section 9 of the Hindu Marriage Act in the aforesaid Court at Damoh.
As per further averments, in the lack of any source of income, the applicant cannot afford the expenses to go and defend the case at Damoh.
Secondly there is no any other competent person in the family to look after her minot girl of the applicant in her absence.
So in such premises, she is not entitled to go and defend the case at Damoh.
With these averments, the prayer for transferring the aforesaid case from Damoh to Jabalpur is made.
Inspite service of the notice on the respondent, no reply of the petition as well as of interlocutory application has been filed on behalf of respondent.
Accordingly unrebutted averments supported by the affidavit of the applicant is on record.
So in such a situation there is no option with the court except to hold that the applicant is neither in a position to go and attend the case at Damoh because in her absence there is no any other person to look after her minot girl at Jabalpur not she is having any source of earning to meet the expenses to go and attend the case at Damoh.
Even otherwise, it is settled proposition of law that in the matter of convenience and the difficulties in comparison of male, woman requires more liberal consideration before the court of law.
So in such premises, also this petition of the applicant deserves to be allowed.
Consequently the petition is allowed and aforesaid case bearing Civil Case No.44-A/2013 pending in the court of District Judge, Damoh is hereby directed to be transferred to the Principal Judge, Family Court, Jabalpur for its further trial and adjudication on merits.
Let the aforesaid courts be intimated regarding this order within seven days to comply with aforesaid direction.
The applicant's counsel is also directed to file a certified copy of this order in the court of District Judge, Damoh within seven days from the date of obtaining the same.
There shall be no order as to the costs.
C c as per rules.
( U.C.Maheshwari ) Judge bks