Madhya Pradesh High Court
Smt.Vinita Dwivedi vs Yogendra Nath Dwivedi on 3 July, 2015
1
M.C.C. No. 1206/2008.
02/07/2015 .
Shri Shailendra Verma, learned counsel for the
applicant.
This application has been filed by the wife for
transfer of the case filed by the respondent under Section
9 of the Hindu Marriage Act for restitution of conjugal rights before Second Additional District Judge, Katni. It is pleaded in the application that the applicant lodged an FIR for commission of offence under Section 498-A, 294, 506/34 of the IPC which was registered on 20/09/2007 and criminal case No. 14662/2007 is pending before Judicial Magistrate First Class, Jabalpur. It is further contended that another case filed on behalf of the applicant under Section 125 of the Cr.P.C. is pending before the Family Court, Jabalpur. Hence, looking to the facts of the case applicant's case be transferred at Jabalpur.
In view of the aforesaid facts of the case, the application is allowed. The case No. (H.M.) C.S. No. 27- A/2008 pending in the Court of Second Additional District Judge, Katni is hereby transferred to the Family Court Jabalpur.
The application is hereby disposed of accordingly.
No order as to costs.
Certified copy as per rules.
(S.K. GANGELE) JUDGE MISHRA