Full Judgment
MCC No.34/2004 22.02.2013 Heard Shri Pramod Thakre, Advocate for the applicant.
This application under Section 24 CPC has been filed by the wife praying that the suit filed by respondent- husband at Indore under Section 9 of the Hindu Marriage Act, 1955 (for short “the Act”.) be transferred to Betul.
This Court on 15.1.2004 admitted this MCC and also stayed the further proceedings in Case No.416/2003 pending before the Family Court at Indore.
Learned counsel for the applicant submits that if necessary application is filed by the applicant under Section 24 of the Act for providing maintenance amount and further to provide travelling expenses of Railway/Bus the same may be decided by learned Family Court, Indore in proper perspective manner.
He further submits that if any application is filed by the applicant to get herself examined through Commission at Betul the same may also be directed to be decided by learned Family Court, Indore in proper perspective manner.
Considered the aforesaid submission.
At present no ground is made out to transfer the case pending under Section 9 of the Act at Family Court, Indore to Betul.
However, on submitting necessary application for maintenance charges, litigation expenses and also the Railway/bus fare from Betul to Indore and back, the same will be certainly decided by learned Family Court, Indore in proper perspective manner.
The applicant shall be free to file necessary application before the Family Court, Indore that in order to protect the applicant being a lady one family member of her parents' house be permitted to escort and to direct the husband-respondent to pay Railway/bus fare charges for that person also.
If such an application is filed, the same may be decided by the Family Court, Indore in proper perspective manner.
Further it is hereby directed that on submitting application by the applicant-wife to get herself examined through Commission it may be decided by the learned Family Court, Indore sympathetically by paying heed that the applicant is residing at Ghorhadongari which is in the remote area of District Betul and the case is pending at Indore.
With the aforesaid observations this MCC is disposed of.
Certified copy as per rules.
{A.K.Shrivastava} Judge 22.2.2013 sach.