ORDER
U.C. Maheshwari, J.
1. The applicant wife has preferred this petition under Section 24 of the Code of Civil Procedure for transferring the case Hindu Marriage Case No. (COS) 80-A/05 instituted by the respondent under Section 13(1) of the Hindu Marriage Act, 1955 from the Court of Ilnd Upper District Judge, Chhindwara to the Court of Multai having competent jurisdiction for its further trial.
2. As per averments of the application, the applicant was married with the respondent on 7-3-1988 and also gave birth two daughters and one son out of this wedlock. Since 1996 the applicant was given cruel treatment by the respondent on non- fulfillment of his illegal demand of dowry. She was beaten by him in this period also and by neglecting she was insisted to live with her poor parents at Village Bhuyari Post Sonegaon, Tehsil Multai, District Betul. She had no source of income. Thus, on having been neglected by the respondent, she moved an application under Section 125, Cr.PC for maintenance in which she was granted Rs. 800/- per month from the respondent, but such order of the Trial Court dated 31-7-04 is still subjudice in criminal revision pending before the Additional Sessions Judge, Multai.
3. During pendency of the aforesaid proceedings the non- applicant has filed a petition for divorce under Section 13(1) of the Hindu Marriage Act, 1955 in the Court of Ilnd Upper District Judge, Chhindwara and for such proceeding the applicant was summoned. She could not be appeared in the said Court at Chhindwara on every hearing as Chhindwara is 100 km far off from the village where she is residing. While Multai is only 8 km away from that village. The applicant is residing with her ailing mother and there is no-one to look after them. There is no responsible male member with whom she may go to attend the proceeding at Chhindwara. There is no proper conveyance available from her Village to Multai. Her village is 8 km away in remote area from the railway station. She has to walk on foot to take conveyance. It would not be possible for her to go to Chhindwara all alone as journey will take some time on every date of hearing. In the lack of proper conveyance she can not start journey early in the morning and after Court hours it would not be possible to come back to her village in day time from such distance. Thus, looking to her inconvenience the said divorce case be transferred from Chhindwara to Multai.
4. Learned Counsel for the applicant has raised all aforesaid grounds in his arguments and placed his reliance on a decision of the Apex Court in this regard.
5. Learned Counsel for the respondent, Mr. Ajay Sen vehemently opposes the aforesaid circumstances and submitted that the application has been filed with malafide intention only to harass the respondent and prayed for dismissal of the same.
6. Having heard, learned Counsels and on perusing the averments of the petition and papers placed on record, it is apparent that the applicant is residing with her mother in Village Bhuyari where she has no other person in her family with whom she may come to Chhindwara for attending the case. None availability of conveyance from the village is also a measure ground in her favour.
7. Apex Court has given a dictum in the matter of Sumita Singh v. Kumar Sanjay and Anr. , in which it is held as under:
This is a transfer petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Ara, Bhojpur to Delhi. It is her case that she is now living and working in Delhi and that she would be unable to travel up and down from Delhi to Ara, a distance of about 1100 kilometers from Delhi to defend the matrimonial proceedings. She also slates that she has no-one with whom she can stay in Ara because her parents are residents of Gurgaon.
2. Learned Counsel for the husband states that the wife is an educated woman who is doing very well and can, therefore, travel to Ara, while the husband is unemployed.
3. It is the husband’s suit against the wife. It is the wife’s convenience that, therefore, must looked at. The circumstances indicated above are sufficient to make the transfer petition absolute.
4. Accordingly, Matrimonial Case No. 30 of 2000 pending before the VIth Additional District & Sessions Judge, Ara Bhojpur, Bihar shall stand transferred to the District Judge, Delhi, who shall hear it himself or assign it for hearing to an appropriate forum.
8. In view of the aforesaid dictum of the Apex Court when the case at hand is examined then the aforesaid principle is directly applicable to this case also. Therefore, I deem fit to allow this application. The same stands allowed. In view of the aforesaid the case Hindu Marriage Case No. 80-A/05 pending in the Court of the Ilnd Additional District Judge, Chhindwara is hereby transferred to the Court of Additional District Judge, Multai, through District Judge Betul for its further trial and adjudication.
9. Let the aforesaid Court of Chhindwara, District Judge, Betul and Additional District Judge Multai be intimated in this regard. The case be transferred immediately.
10. The applicant is directed to submit a copy of this order before the Court in which the case is pending. The application is allowed.