SooperKanoon Citation | sooperkanoon.com/506317 |
Subject | Family |
Court | Madhya Pradesh High Court |
Decided On | Oct-10-1995 |
Case Number | Misc. Civil Case No. 426 of 1995 |
Judge | N.P. Singh, J. |
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 |
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.