Anamika Pandey vs Shrihar Pandey

Alok Aradhe, J.

Mr. R.K. Tiwari, learned counsel for the applicant.

Mr. Vivek Kumar Mourya, learned counsel for the respondent.

Heard. In this application under section 24 of the Code of Civil Procedure Code, the applicant seeks transfer of the matrimonial case, namely Hindu Marriage Case No. 271/2014 instituted by non-applicant/husband pending before the Family Court, Satna to the Court of competent jurisdiction of Rewa.

I have considered the submission made on behalf of both the sides. It is well settled in law that though section 24 of the Code of Civil Procedure confers power on the Court to transfer the proceeding yet this power has to be exercised with circumspection and care. Convenience of parties has to be seen. See: Kulwinder Kaur @ Kulwinder Gurcharan Singh Vs. Kandi Friends Education Trust and Others, . However, the Supreme Court has sounded a note of caution that leniency to women shown by Court in such transfer matters are often misused and taken advantage of by women and, therefore, the Court is required to consider each case on its merits. See: Anindita Das vs. Srijit Das, (2006) 9 SCC 197.

The non-applicant has filed an application under section 9 of the Hindu Marriage Act at Satna. The matter was referred to the Mediation Centre at Jabalpur. However, the applicant/wife did not attend the mediation proceeding at Jabalpur and in clear terms stated that she is not willing to record the compromise before mediation centre. The distance between the Rewa to Satna is approximately 50 kms., which is well connected by rail as well as road. No inconvenience would be caused to the applicant/wife, if she attends the proceeding at Rewa (sic. Satna). However, it is directed that whenever the applicant attends the proceeding at Satna, the non-applicant shall incur the travelling expenses to the applicant. With the aforesaid directions, the MCC is disposed of.

C.C. as per rules.