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Judgment
This application has been filed by the applicant under Section 24 of the Code of Civil Procedure for transfer of Case No.171-A/2015 from Sagar to Damoh filed against her under Section 13 of the Hindu Marriage Act by the respondent.
The present application has been filed on the grounds that the applicant is wife of the respondent and residing at Damoh with her parents. The respondent filed a case under Section 14 of the Hindu Marriage Act against the applicant at Family Court, Sagar. The respondent further filed an application under Section 13 of the Hindu Marriage Act for conversation, which was allowed by the Family Court. The applicant filed a complaint under Section 200 of the Cr.P.C. for offence under Section 498-A of the IPC and Sections 3/4 of Dowry Prohibition Act before the Judicial Magistrate First
Class, Damoh. Being a "Lady" the applicant is not able to attend the proceeding at Sagar and she has no source of income. The respondent threatened her to kill her and her family members, if the applicant would not take back various cases filed against the respondent. On 11th February, 2016 the respondent again threatened her and also her family members for dire consequences of death for which an FIR has been lodged.
Learned counsel for the respondent vehemently opposes the prayer.
Heard and perused the record.
This Court finds that earlier a petition under Section 24 of the CPC seeking transfer of the same proceeding from Sagar to Damoh was rejected by a detailed order dated 25.1.2015 passed in M.C.C. No.3243/2015 after following the principles laid down in the case of "Kulwinder Kaur Vs. Kandi Friends Education Trust and Others, (2008) 3 SCC 659 " and "Anindita Das Vs. Srijit Das, (2006) 9 SCC 197". There is no new ground to entertain the petition again. The applicant has not disclosed that in whose presence the respondent threatened her and her family members for dire consequences of death. The applicant is an educated woman and the distance between Sagar to Damoh is only seventy kilometers.
Looking to the facts and circumstances of the case, we are of the considered view that it is not a fit case to transfer the Case No.171-A/2015 (Ravi Mahendra Kumar Vyas Vs. Pratichi Vyas) pending in the family Court, Sagar. Accordingly, the present MCC stands dismissed.