Madhya Pradesh High Court
Smt. Priti Gayakwad vs Bharat Gayakwad on 7 September, 2015
Page no. 17
MCC no. 431/2014
07/09/2015
Parties as before this Court.
The present application has been filed under section 24 of Code of Civil Procedure preferred for transferring the matrimonial issue from Ujjain to Narsinghpur.
It has been stated that the marriage took place between the parties on 03/05/2008 at Gotegaon, Dist - Narsinghpur, and thereafter, the applicant was being harassed by her husband. It has been stated that she does not have any source of income and the distance between Gotegaon to Ujjain is about 450 km. It has been argued that there is threat of life to the applicant and there is no family member to escort her to attend the court. Rs. 750/- has been awarded towards maintenance by the trial Court which is too meager amount.
On the other hand, learned counsel for the other side has vehemently argued before this Court that maintenance can not be enhanced keeping in view the peculiar facts and circumstances. She has no threat of life. He has placed reliance upon the judgment delivered in the case of Anju Vs. Pramod Kumar reported in (2005) 11 SCC 186 and his contention is that in the aforesaid matter, the case was transferred to some other appropriate place and not to the place where the wife was residing . He has also placed reliance on the judgment delivered in the case of Rakhi Mishra Vs. Sanjay Mishra reported in 2007(2)MPLJ, 269 and in the aforesaid case, the application Page no. 17 for transfer was rejected as the distance between Balaghat and Durg ( cities ) was not much.
Heard the learned counsel for the parties as also perused the record.
This Court has carefully gone through the aforesaid judgments relied upon by the learned counsel. In the present case, it is an undisputed fact that the distance between the two places is about 450 km. The wife does not have any source of income. She is receiving Rs. 750/- per months towards maintenance, therefore, keeping in view the totality of the circumstances of the case, this matter deserves to be transferred from the Family Court, Ujjain to the Family Court / District Judge, Narsinghpur.
Resultantly, keeping in view the facts and circumstances of the case, C.S. no. 223-A/2013 is transferred from the Family Court, Ujjain to the Family Court / District Judge, Narsinghpur. Parties are directed to appearance before the Family Court / District Judge, Narsinghpur on 05th of October, 2015. The record be transmitted immediately from Ujjain to Narsinghpur.
C c as per rules.
(S.C. SHARMA) Judge amol