GUNJAN SHRIVASTAVA (SMT.) Vs. ABHISHEK SHRIVASTAVA

JUDGEMENT

(1.) This is an application under section 24 of the CPC for transfer of Case No. 252-A of 2015 (HMA) pending in the Court of Principle Judge, Family Court, Gwalior to the Court of Additional District Judge, Aalot District Ratlam filed by the respondent under section 9 of the Hindu Marriage Act.

(2.) The necessary facts for the disposal of the present application in short are that the applicant was married to the respondent on 27/01/2012 as per Hindu rites and rituals at Gwalior and one male child was born and in the year 2015, when the present application was filed she was pregnant and was living along-with her father at Tahsil Aalot, District Ratlam. The undisputed fact that Aalot, District Ratlam is situated at a distance of 700 kilo meters from Gwalior and the applicant was pregnant in the year 2015 when the present application was filed. It is submitted that the respondent has filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal rights whereas the applicant has filed a report under Section 498A of IPC in Police Station Aalot, District Ratlam and the charge sheet has been filed, which is pending in the Court of JMFC Aalot, District Ratlam. It is further submitted that the applicant has also filed an application under Section 125 of Cr.PC against the respondent which is pending at Aalot, District Ratlam. It is submitted that the applicant has two minor children and it is very difficult for her to attend the proceedings at Gwalior initiated against her under section 9 of the Hindu Marriage Act by the respondent. Her father is in job and he cannot accompany her to Gwalior. It is further submitted that although the applicant has also filed an application under section 12 of the Protection of Women From Domestic Violence Act at Gwalior but the respondent himself is facing trial under Section 498-A of IPC as well as he is also appearing in the proceedings under Section 125 of Cr.PC, therefore, in the interest of justice, the petition under section 9 of the Hindu Marriage Act may be transferred from the Court of Family Court Gwalior to the Court of Additional District Judge Aalot, District Ratlam. In short, thus, the submission made by the counsel for the applicant is the convenience of the applicant as well as the inability of the applicant to regularly prosecute the proceedings under section 9 of the Hindu Marriage Act at Gwalior on the ground that she is residing at Aalot, District Ratlam which is near about 700 kilo meters distance from Gwalior and secondly, she is having two minor children and there is nobody in her family to accompany her to Gwalior on every date.

(3.) A reply was filed by the respondent in which he has stated that after the birth of the second child the applicant has visited Gwalior on several occasions and had made number of police complaints even during her pregnancy. She has also filed an application under section 12 of the Protection of Women From Domestic Violence Act at Gwalior and when the applicant can frequently visit Gwalior for making complaint against the respondent, then it is incorrect to say that she is unable to come to Gwalior for prosecuting the proceedings under section 9 of the Hindu Marriage Act.