Judgment · High Court

Shri Yashpal Rathore, learned counsel for the respondent. They are heard. This petition under section 24 of the CPC has been filed by the wife for transfer of the divorce petition filed by the husband from Family Court, Indore to Family Court, Bhopal on the ground that she is suffering from sciatica and medically advised to avoid long journey. It is also stated that her father is an aged person and there is no other male member in the family to accompany the petitioner from Bhopal to Indore to attend the hearing of the divorce petition filed by the respondent. She has, therefore, prayed that the divorce petition pending at Family Court, Indore be transferred to Family Court at Bhopal. In support of the application, petitioner has filed medical documents. On the other hand, Shri Yashpal Rahore, learned counsel appearing for the respondent submitted that petitioner is working in Doordarshan Kendra, Bhopal and sciatica is not a -2- disease which prevents the petitioner to undertake journey. Even otherwise, according to him, presence of the petitioner is not necessary on each and every date before the Family Court, Indore. It was also submitted that in the earlier divorce petition filed by the husband at Indore, the petitioner used to appear on each date of hearing, therefore, there is no justification for transfer of the divorce petition from Indore to Bhopal. After hearing rival submissions and going through the material available on the record, we find that the fact that petitioner is suffering from sciatica has not been controverted. In view of the aforesaid physical disorder, petitioner has been medically advised to take rest and avoid journey. It is not the case of the petitioner that during the pendency of the earlier divorce petition filed by him, the petitioner at that time also was suffering from sciatica, therefore, her appearance in the earlier divorce petition is of no avail. So far as the present petition is concerned, considering the medical documents filed by the petitioner, we allow this application and direct that the divorce petition (H.M.Case No.58/2012) pending in the Court -3- of Principal Judge, Family Court, Indore be transferred to Family Court at Bhopal for its trial in accordance with law. Parties shall appear before the Family Court, Bhopal on

05.11.2012. M.C.C stands disposed of. hk/ (S.K.SETH) JUDGE