ARCHANA KASHYAP Vs. VIJAY KASHYAP

JUDGEMENT

(1.) This petition is for a prayer to transfer Hindu Marriage Suit No. 234 of 1996 filed by the respondent against petitioner under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as Hindu Marriage Act for convenience) which is pending in the Court of IIIrd Additional District Judge, Bhopal. The petitioner averred that the matrimonial petition filed by her bearing No. 243 of 1996 for restitution of conjugal rights is pending for disposal in the Court of IXth Additional District Judge, Indore and for the purpose of harassment to her the respondent, her husband has filed the said petition in District Court, Bhopal for getting a decree of divorce against her. She contended that she is wholly unemployed and dependent on her parents for her livelihood having been driven out by respondent from Bhopal and, therefore, it is not possible for her to go to Bhopal on and often for attending the said Court proceedings.

(2.) Pushing further the contentions of the petitioner, Shri M. G. Upadhyaya argued that the petitioner is unable to incur the expenditure for the purpose of going to Jabalpur for moving a transfer application for getting transferred that matrimonial suit from District Court, Bhopal to District Court, Indore. Shri Vivek Dalal appearing for respondent submitted that there is no substance in the contentions raised by the petitioner and there is no need of transferring the said suit from District Court, Bhopal to District Court, Indore. He prayed that this petition be dismissed.

(3.) Shri M. G. Upadhyaya placed reliance on following judgments; (i) K. P. Govil v. Jawaharlal Nehru Krishi Vishwavidhyalaya, Jabalpur, 1987 JLJ 341 : (AIR 1987 MP 228); (ii) M.P.S.R.T.C. v. Regional Transport Authority, Rewa, 1989 JLJ 730 : (AIR 1990 MP 17). He also pointed out provisions of Section 21-A of Hindu Marriage Act in support of his argument. Shri Dalal placed reliance on judgment of this Court in the matter of Abdul Tayyab v. Union of India, 1976 MPLJ 767 : (AIR 1977 MP 116).