KIRTI CHOUKSEY Vs. RAJIV CHOUKSEY

JUDGEMENT

(1.) BY filing this Miscellaneous Civil Case the applicant/wife is seeking transfer of Civil Suit No. 45-A/2003 and Case No. 6/2003 pending before the Additional District Judge, Gadarwara, District Narsinghpur to the Court of competent jurisdiction at Hoshangabad.

(2.) THE material facts are that the respondent/husband had filed a Suit No. 45-A/2003 against the applicant/wife seeking divorce from her on the ground that she is incurably of unsound mind. He also filed a case numbered as 6/2003 under Guardians and Wards Act seeking guardianship of his son Aman who is with the applicant. Both these cases are pending in the Court of Additional District Judge, Gadarwara, District Narsinghpur.

(3.) THE applicant's case is that on her report and offence under Section 498-A of the IPC has been registered against the respondent/husband and the case is pending in the Court of Chief Judicial Magistrate, Hoshangabad. Similarly one case filed by her seeking maintenance from respondent/husband under Section 125 of the Cr. P. C. is also pending in the Court of Chief Judicial Magistrate, Hoshangabad. The applicant, accordingly, prayed that the cases which are pending before Additional District Judge, Gadarwara be transferred to Competent Court at Hoshangabad.