S.B.Sakrikar, J. - (1.)The applicant has filed this application under Section 24 of the C.P:C. for transfer of M.J.C. No. 7/93 (Smt, Manjula Modi v. Yogendra Kumar Modi) arising out of M.J.C. No. 15/92 (Yogendra v. Manjula) decided on 2.4.1993 and also for the transfer of the Civil Suit No..21 A/92 from the Court of Second Additional Distt. Judge, Khargone to the Competent Court of Additional Distt. Judge at Bhopal.
(2.)The undisputed facts of the case that the applicant and the non-applicant are husband" and wife and out of the married life one son Vishwas was born to them who is minor and living with the applicant at Bhopal. Due to the differences betweeh the parties the applicant and the non-applicant started living separately. On 17.11.1992 a petition for divorce under Section -13 of the Hindu Marriage Act was filed by the-applicant in the Court of IIIrd Additional Distt. Judge, Bhopal. The said case was registered as Civil Suit No. 224-A/ 92 and ex-parte decree of divorce was passed on 24.4,1993 and an application filed by the non-applicant for setting aside the ex-parte decree is pending for disposal before the Additional Distt. Judge, Bhopal.
(3.)After the institution of the aforesaid divorce case the non-applicant filed an application against the applicant under Section 25 of the Guardian and Wards Act read with Section 6 of the Hindu Minority and Guardianship Act in the Court of IInd Additional Distt. Judge, Khargone for obtaining the custody of the minor son Vishwas living with the applicant. The said case was registered as M.J.C. No. 15/92. An ex-parte order was passed against the applicant in the aforesaid case and the applicant had filed an application for setting aside the ex-parte order before the llnd Addl. Distt. Judge, Khargone registered as M.J.C. No. 7/93 which is pending for disposal. The non-applicant also filed an application under Section 13 of the Hindu Marriage Act . against the applicant for grant of divorce. The case is registered as Civil Case No: 21-A/92 and is also 'pending for disposal in the Court of llnd Additional Distt. Judge, Khargone.'',