Smt. Uma Ghoshi Vs. Kandhilal Yadav Judgement Given By: Hon'ble Shri Justice Rajendra Menon - Court Judgment

Smt.

Uma Ghoshi versus Kandhilal Yadav M.C.C.No.1503 / 2013 20.1.2014 Shri Amit Kumar Bajpai, learned counsel for the petitioner.

This application has been filed under Section 24 of the Civil Procedure Code for transferring a Civil Suit No.145-A/2012 (Kandhilal Yadav versus Smt.

Usha Ghoshi) pending in the court of IV th Additional District Judge, Jabalpur to the court of Additional District Judge Gadarwara.

Respondent husband has initiated proceedings under Section 13 of the Hindu Marriage Act for grant of divorce on the ground of cruelty and desertion.

On the said proceeding, petitioner has filed this application for transfer, mainly on the ground that whenever she and her father came to court for evidence, the respondent and his people are threatening her in dire consequences and pressurize her to grant divorce.

Petitioner also filed complaints on two occasions on 13.1.2013 and 11.1.2013 in this regard, petitioner seeks indulgence of this Court, in the matter of transfer.

That apart, learned counsel points out that for coming to attend the case at Jabalpur no transfer expenses or litigation expenses are granted and only maintenance is being given.

Learned counsel for the respondents even though had taken time on two occasions has not filed counter affidavit, but oral prayer is made on the ground that maintenance in accordance to directions issued by the court is granted, therefore, no case for transfer is made out.

Smt.

Uma Ghoshi versus Kandhilal Yadav Having heard learned counsel for the parties and on perusal of record, prima facie it seems that the complaint is made to police authorities and it is only indicated in the complaint that husband of petitioner is terrorizing her and pressurizing her to give divorce, if that is the case of petitioner, she should make a complaint to the court concerned where the matter is pending and the said court is competent enough to deal with the matter, on such consideration it is not proper for this Court to transfer the proceeding.

However, if petitioner makes a complaint in this regard and the court below is satisfied with regard to conduct of respondent, the court is directed to ensure that proper action is taken against respondent, if the allegation is established, in accordance with law.

That apart, as the petitioner is required to come from her residence to Jabalpur along with her father for attending the case, the petitioner is entitled to reimbursement of legal expense and litigation expense incurred by her for coming to Jabalpur.

Accordingly, the respondent shall pay to petitioner Rs.1,000/- per day for coming to attend the case for hearing at Jabalpur.

That apart, the petitioner shall also be entitled to reimbursement of Rs.5,000/- as litigation expenses.

The amount of Rs.5,000/- shall be paid by the respondent to the petitioner in two equal installments before conclusion of proceedings.

The petition is disposed of with the aforesaid direction.

(Rajendra Menon) Judge Smt.

Uma Ghoshi versus Kandhilal Yadav ss