V.K. Agarwal, J.
1. This is a petition for transfer of Divorce Suit No. 174-A/98 filed by the respondent/plaintiff, pending before in Additional District Judge, Bhopal to the competent Court at Narsinghpur.
2. The petitioner/wife has averred that she was married to the respondent plaintiff on 6.6.1997. When the petitioner after her marriage reached the house of her in-laws, it was suggested to her that she should bring money from her parents so that the respondent can start his business. However, the petitioner’s parents did not accede to the demand as above, resulting in harassment and torture to the petitioner. The respondent/husband thereafter left her at her paternal home at Narsinghpur.
3. The respondent/husband has filed a petition for divorce at Bhopal on the ground that the petitioner is suffering from mental disorder. He has prayed that the petitioner’s father be made her guardian-ad-litem. It is averred by the petitioner that her father is seriously ailing and is infirm and cannot act as her guardian-ad-litem in the above suit and the petition has been filed by the respondent/husband with an oblique motive. It has also been averred that proceedings for maintenance under Section 125, Cr.P.C. are pending at Narsinghpur. It has further been averred that the petitioner would not be able to defend her case properly at Bhopal. Hence the matter be transferred for trial from the Court at Bhopal to the Court at Narsinghpur.
4. The respondent/husband has opposed the petition. It has been averred that the petitioner is suffering from insanity and the present petition has not been filed through next friend and, therefore, it is untenable. The allegations of demand of money, torture and harassment to the petitioner were also denied. It has been urged that since the petitioner suffered from mental disorder, the petition for divorce has been filed by the respondent/husband at the Court at Bhopal, which has jurisdiction to try and hear the matter. It has also been averred by the respondent that the father 1 of the petitioner has suffered a mild paralytic attack, which has not caused any I disability to him. It has further been averred by the respondent that the relatives of the petitioner are living at Bhopal and, therefore, the petitioner can defend her case if it is tried at Bhopal. It is further averred that in case the proceedings of divorce are transferred at Narsinghpur, the respondent/husband shall suffer great inconvenience and humiliation. He has no means to come to Narsinghpur, as he would be losing his pay in doing so, while the brothers of the petitioner are well off.
5. The contentions more or less to the above: effect have been raised during arguments by the learned Counsel for both the sides. It may be noted that the petition for divorce has been filed by the respondent/husband on the ground of mental insanity of the petitioner. The learned Counsel for the petitioner has vehemently denied the above allegation. It has further been urged by the learned Counsel for the petitioner that the respondent moved an application for appointment of the father of the petitioner as next friend knowing fully well that he-is paralytic and unable to move about. It is further submitted that the petitioner will be put to great inconvenience and harassment if she is asked to go to Bhopal for defending the case of divorce instituted by the respondent. It has further been urged that since proceedings under Section 125 of the Cr.P.C. are pending at Narsinghpur and as the respondent is required to come to attend the said proceedings, he can also ;come for prosecuting his case of divorce at Narsinghpur.
6. The learned Counsel for the respondent has, however, urged that it is not on the mere asking of the petitioner that the case should be transferred to Narsinghpur. Relying on decision of this Court in Usha Bai Jain v. Santosh Kumar Jain, 1996 JLJ 518, it has been urged that the petition of transfer does not deserve to be allowed. It has also been submitted that the petitioner herself may not go to Bhopal to defend the proceedings and can even get herself examined on Commission.
7. It may noted that the petitioner has already filed a petition under Section 125, Cr.P.C. at Narsinghpur. She is a woman against whom the respondent has levelled an allegation of insanity. Her father is paralytic. It may be stated here that the consideration for the transfer of the case depends on the peculiar facts and circumstances of each case and no hard and fast rule or strait-jacket formula can be applied for the purpose. In the instant case, after consideration of the rival contentions and the circumstances of both the parties, it appears just and proper to order the transfer of the civil suit filed by the respondent for divorce to be tried at the Court at Narsinghpur, as has been prayed by the petitioner/wife.
8. Accordingly, this petition is allowed. The Suit No. 174-A/1998 filed by the respondent/husband pending before in Additional District Judge, Bhopal for divorce against the petitioner/wife, shall stand transferred to the Court of District Judge, Narsinghpur, who shall be at liberty to hear and try the case himself or to transfer it to any other Court of competent jurisdiction subordinate to him.
