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Judgment
R.S. Jha, J.—Heard Shri Arpan Shrivastava, learned counsel for the applicant on the question of admission. The applicant has filed this application praying for transfer of Case No. 71-A/13 filed by the respondent u/s 13 of the Hindu Marriage Act 1955 before the First Additional District Judge, Seoni to Bhopal.
It is submitted that the applicant and the respondent stayed together as husband and wife for six months and thereafter on account of misbehaviour of the parents and the family members of the respondent she has started living separately at Bhopal since February, 2013.
It is stated that the applicant has lodged an F.I.R. against the respondent at Mahila Police Station in Bhopal u/s 498A/506/34 of the IPC read with section 3/4 of the Dowry Prohibition Act in which the challan has been filed before the Judicial Magistrate First Class, Bhopal and the matter is pending trial. It is submitted that the only male member in the family, that is, the applicant''s father is working in Government Institution and can not go along with the applicant to attend the hearing of the case and also there being no means of transportation i.e. direct train from Bhopal to Seoni. In such circumstances, the case filed by the respondent u/s 13 of the Hindu Marriage Act be transferred from Seoni to Bhopal.
Having heard the learned counsel for the applicant it is observed that there is no cogent, acceptable reasons for transferring the case from Seoni to Bhopal. It is a settled law that the proceedings cannot be transferred from one place to another on whims and fancies. There is nothing on record to indicate that any untoward incident has taken place warranting interference by this court.
The learned counsel for the applicant has relied upon the decision of this court rendered in the case of Saroj Devi Kushwaha Vs. Satendra Singh Kushwaha, in support of his submission. The facts narrated in the aforesaid case, relied upon by the applicant, are totally different wherein there was untoward incident as a result of which there was a real apprehension and reason for transferring the case which are absent in the present case therefore the same does not provide any assistance to the applicant. The application being meritless is accordingly dismissed.