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Smt. Kiran Vs. Harish - Court Judgment

SooperKanoon Citation

Subject

Family

Court

Madhya Pradesh High Court

Decided On

Case Number

Misc. Civil Case No. 426 of 1995

Judge

Reported in

I(1996)DMC538

Acts

Code of Civil Procedure (CPC) , 1908 - Sections 24

Appellant

Smt. Kiran

Respondent

Harish

Appellant Advocate

Umesh Trivedi, Adv.

Respondent Advocate

None

Excerpt:


- - 3. the inconvenience of the wife to defend her matrimonial case effectively at a distant place, has been held to be a good ground for transfer of the case to the place of her residence.n.p. singh, j.1. mr. umesh trivedi, counsel for the applicant. he is heard on the application under section 24 of the code of civil procedure for transfer of civil suit no. 13-a/95 pending in the court of ist addl. district judge, chhindwara to the court of the addl. district judge, bilaspur.2. the contention of mr. trivedi, counsel for the applicant/wife is that the non-applicant/husband has filed a suit against the applicant for dissolution of the marriage by a decree of divorce, which is pending in the court of ist additional district judge, chhindwara.there is noone to support the applicant in prosecuting her case at chhindwara. the applicant has a small child aged about three years and the applicant feels great difficulty in prosecuting the case at chhindwara which is at a distance of 500 kms. away from the place of her residence.3. the inconvenience of the wife to defend her matrimonial case effectively at a distant place, has been held to be a good ground for transfer of the case to the place of her residence.4. keeping in view of the personal difficulties of the applicant/wife in defending her case at chhindwara, civil suit no. 13-a/95 pending in the court of ist addl......

Judgment:


N.P. Singh, J.

1. Mr. Umesh Trivedi, Counsel for the applicant. He is heard on the application under Section 24 of the Code of Civil Procedure for transfer of Civil Suit No. 13-A/95 pending in the Court of Ist Addl. District Judge, Chhindwara to the Court of the Addl. District Judge, Bilaspur.

2. The contention of Mr. Trivedi, Counsel for the applicant/wife is that the non-applicant/husband has filed a suit against the applicant for dissolution of the marriage by a decree of divorce, which is pending in the Court of Ist Additional District Judge, Chhindwara.There is noone to support the applicant in prosecuting her case at Chhindwara. The applicant has a small child aged about three years and the applicant feels great difficulty in prosecuting the case at Chhindwara which is at a distance of 500 kms. away from the place of her residence.

3. The inconvenience of the wife to defend her matrimonial case effectively at a distant place, has been held to be a good ground for transfer of the case to the place of her residence.

4. Keeping in view of the personal difficulties of the applicant/wife in defending her case at Chhindwara, Civil Suit No. 13-A/95 pending in the Court of Ist Addl. District Judge, Chhindwara is directed to be transferred to the Court of the Additional District Judge, Bilaspur.

The petition is accordingly disposed of.


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