Judgment:
S.K. Seth, J.
1. It is not in dispute that the defendant-applicant is the legally married wife of the plaintiff-non-applicant. It appears that they bad been married several years back at Jabalpur and had three children aged between 11 to 20 years. It further appears that in the year 1990 the plaintiff-non-applicant filed a suit (C.S. No. 17-A of 1990) for obtaining a decree for divorce against the defendant-applicant under Section 13 of the Hindu Marriage Act, 1955 in the Court of Third Additional District Judge, Satna.
2. In the present application, made by the defendant-applicant under Section 24 of the Code of Civil Procedure, it has been prayed by the defendant-applicant that for the reasons spelt out in the application, the abovesaid civil suit filed by the plaintiff-non-applicant against her in the Satna Court be withdrawn from the said Court and be transferred for further trial and disposal to any Court at Jabalpur competent to try and dispose of the same.
3. The substance of the reasons given by the defendant-applicant in her application is as follows : The defendant-applicant, along with her three children, is at present living with her father at Jabalpur. She finds it very difficult to attend the divorce suit in question filed by, her husbandagainst her in the Satna Court. She is a poor lady and is otherwise also unable to go to Satna to attend (he hearings all alone. She also apprehends a danger to her life on account of the fact that the plaintiff-non-applicant gave threats in the said regard from time to time.
4. It has been pointed out by the defendant-applicant that she bad filed an application under Section 125 Cr. P.C. against the plaintiff-non-applicant in the Court of Judicial Magistrate, First Class at Jabalpur and that the said application is still pending in the said Court. It is also pointed out that since the marriage between the parties had taken place at Jabalpur, any competent civil Court at the said place has jurisdiction to try and dispose of the divorce suit filed by the plaintiff-non-applicant against her.
5. Now, it is no doubt true that in his reply to the application made by the defendant-applicant, the plainliff-non-applicant has denied all adverse allegations made against him and has in fact made serious allegations regarding adulterous life being led by the defendant-applicant. But, then, in the facts and circumstances of the cage, without examining the merits or demerits of the allegations and counter allegations made by one party against the other, and saying anything conclusive with regard to (hem, this Court, bearing in mind the trend disclosed in the various decisions of different High Courts, and that of the apex Court, in respect of matrimonial case?, thinks it to be in the interest of justice to allow the prayer made by the defendant-applicant for transfer of the divorce suit from Satna to Jabalpur.
6. For the reasons stated above, the application made by the defendant-applicant for transfer of the suit is allowed. The divorce suit i.e. Civil Suit No 17-A of 1990, pending in the Court of III Additional District Judge, Satna is withdrawn from the said Court and is transferred for its further trial and disposal to any Court competent to try and dispose of the same at Jabalpur. In order to avoid any further delay in the trial and disposal of the said suit, the parties are directed to appear in the Court of the District Judge, Jabalpur for further orders on 12-10-1992. It shall be open to the District Judge to make over the civil suit to any competent Court subordinate to him.
7. The office is directed to send a copy of this order immediately to the District Judge, Satna so that the record of the civil suit may be despatched to the Court of the District Judge, Jabalpur as early as possible before 12-10-1992. The office is also directed to send a copy of this order to the District Judge, Jabalpur for information and appropriate action.