Madhya Pradesh High Court
Smt. Ritu Solanki vs Salendra Kumar Solanki Judgement Given ... on 20 January, 2014
1
Misc. Civil Case No. 591 Of 2013
20.1.2014
Shri Rahul Tripathi, learned counsel for the applicant.
Shri A.K. Pandey, learned counsel for the respondent.
With consent of learned counsel for the parties, the matter is heard finally.
Applicant vide this application under Section 24 of the Code of Civil Procedure, 1908 seeks transfer of a case under Section 9 of the Hindu Marriage Act, 1955 by the respondent for restoration of conjugal rights at Raisen forming subject matter of case No. M.H.A 45/2012 in the Court Third Additional District Judge to Pipariya, Hoshangabad.
It is gathered from the material on record that, it is the applicant who had left her husband's house and started living at parental house at Pipariya on the pretext that she is being tortured and harassed at Raisen; however, no report there against seems to have been lodged. It is further contended that, there being no male member in her house to attend the Court at Raisen and that her father is suffering from Cancer; it is, however, revealed that the applicant has been awarded interim maintenance of Rs.3000/ per month and that she is not the only child of her parent, but also has a brother who could very well look after his ailing father. As to undertaking a journey to Raisen, it is the applicant who has chosen to live away from her matrimonial house and has to blame herself.
Thus, no case is made out for causing transfer of case under Section 9, Hindu Marriage Act, 1955 from Raisen to Pipariya.
2Consequently, Misc. civil Case fails and is dismissed. No costs.
(SANJAY YADAV) JUDGE VT/