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Smt. Rachna Sharma Vs. Chandra Mohan Sharma - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Case NumberCivil Misc. Transfer Appln. No. 147 of 1983
Judge
Reported inAIR1984All302
ActsHindu Marriage Act, 1955 - Sections 24; Code of Civil Procedure (CPC) - Sections 24
AppellantSmt. Rachna Sharma
RespondentChandra Mohan Sharma
Appellant AdvocateH.S. Joshi, Adv.
Respondent AdvocateM.C. Gupta, Adv.
DispositionApplication dismissed
Excerpt:
.....the petition she is unable to file the written statement, it has further been mentioned in this application that it is not safe for her to visit muzaffarnagar. 14. in the result i see no good ground to transfer the petition from the district of..........court of district judge. muzaffarnagar. all the other material allegations have been deniedand the transfer application has been hotly contested. 5. the transfer application on behalf the applicant was presented before the court on 22nd dec. 83. the application was listed for hearing on 26th mar. 84 and on that day the applicant moved an application under section 24 of the hindu marriage act for an order to the respondent to pay to the applicant the expenses of the present transfer application pending in this court and for monthly maintenance from the date of service of the notice of the petition to wit 16th dec. 1983. the learned counsel for the opposite party has contended that he does not intend to delay the disposal of the transfer application by seeking time to file counter.....
Judgment:

R.A. Misra, J.

1. This application under Section 24 of Civil P. C. has been moved by Smt. Rachna Sharma for transfer of petition No. 120 of 1983 Chandra Mohan Sharma v. Smt. Rachna Sharma pending in the Court of District Judge. Muzaffar Nagar to a competent Court in the district of Moradabad.

2. The facts which have given rise to this petition are briefly put as below.

3. Smt. Rachna Sharma the applicant was married to Sri Chandra Mohan Sharma. Opposite party No. 1 at Moradabad on 10th Dec. 1982. She is a graduate with Rood academic career and belongs to a very cultured family of Moradabad. She is aged about 22 years Sri Sharma has filed a petition (No. 120 of 19831 in the Court of District Judge. Muzaffarnagar for annulment of the marriage, on the ground that Smt. Sharma is suffering from mental disorder. The applicant's contention is that the petition has been filed by Sri Sharma simply to harass and pressurise the applicant to bring more dowry. Her father is a Lecturer in Hindu College. Moradabad and mother is a chronic patient of blood pressure and diabetes. The father is not in a position to leave her. Her brothers are employed outside Muzaffarnagar so no one in the family of her parents is in a position to accompany her to Muzaffarnagar and conduct necessary pairvi in the petition filed against her. She herself being of tender age is not competent to undergo the journey, more so in these days of deteriorating situation of law and order. She however reached Muzaffarnagar along with her father on 16th Dec. 83 the date which was fixed for filing written statement in the petition. Some unknown persons tried to Gherap her and her father. They took shelter in the house of a person who was known to her father and an application was moved in the Court for time to file written statement, it is urged that she has genuine apprehension that she will not get justice at Muzaffarnagar. Her life, liberty and honour would be in danger there.

4. The opposite party Sri Sharma has admitted the factum of marriage with the applicant as well as the fact that he has filed a petition for annulment of marriage in the Court of District Judge. Muzaffarnagar. All the other material allegations have been deniedand the transfer application has been hotly contested.

5. The transfer application on behalf the applicant was presented before the Court on 22nd Dec. 83. The application was listed for hearing on 26th Mar. 84 and on that day the applicant moved an application under Section 24 of the Hindu Marriage Act for an order to the respondent to pay to the applicant the expenses of the present transfer application pending in this Court and for monthly maintenance from the date of service of the notice of the petition to wit 16th Dec. 1983. The learned counsel for the opposite party has contended that he does not intend to delay the disposal of the transfer application by seeking time to file counter affidavit on this application and urged that he would contest the application on legal plane that it is not maintainable in this Court.

6. The fact that the application under Section 24 of the Hindu Marriage Act has been moved when the proceedings in this Court were on its last legs does make its genuineness doubtful. If the applicant had no independent income sufficient for her support and for the necessary expenses of the present transfer application, she should have moved the application either along with the transfer application or immediately thereafter.

7. Section 24 of the Hindu Marriage Act lays down that :--

'Where in any proceeding under this Act it appears to the Court that either the wife or husband, as the case may be has no independent income sufficient for her or his support and the necessary expenses of the proceedings it may on the application of the wife or the husband order the respondent to pay to the petitioner the expenses of proceedings and monthly, during the proceeding, such sum as having regard to the petitioners own income and the income of the respondent it may seem to the Court to be reasonable.'

8. As is clear from the initial word of the section quoted above, an order of maintenance pendente lite and costs of the proceedings can be made only in a proceeding under the Hindu Marriage Act and only for the period 'during the proceedings.' The term 'during the proceedings' would cover the proceedings from the start till the end or at least from the date of the application underSection 24 till the termination of the proceedings in the Court. Section 24 of Civil P. C. confers general power of transfer and withdrawal of suits and proceedings upon the High Court and the District Court. I see no substance in the contention raised on behalf of the applicant that this application under Section 24 of C. P. C. is part of the proceedings initiated by the opposite party Sri Sharma for the annulment of the marriage under the provisions of Hindu Marriage Act but assuming without deciding that it is part of the proceedings so initiated under the provisions of Hindu Marriage Act: the applicant cannot claim expenses for this application and monthly allowance independent of the initial proceedings. Under Section 24 of the Hindu Marriage Act one can claim maintenance pendente lite and expenses for the entire proceedings and not for each and every application and step taken in those proceedings. So even if it is assumed that this transfer application is a step taken in the initial proceedings or is a part of the initial proceedings which are pending in the court below, then the applicant cannot claim separate expenses for this application. As observed above she can claim expenses of the entire proceedings and monthly maintenance during the pendency of the proceedings but she cannot claim separate expenses of each and every application and stop taken in the proceedings, because one cannot claim pendente lite allowance and expenses separately for each and every application or step taken in the initial proceedings- In this view of the matter the applicant is not entitled for maintenance pendente lite and expenses of proceedings for this transfer application even if it is assumed that it is a part of the proceedings initiated against her by the opposite party under the Hindu Marriage Act.

9. In the result I find that this application for maintenance pendente lite and expenses of proceeding is not bona fide and the same is not maintainable in this Court during the pendency of the transfer application under Section 24 C. P. C. in this Court. The prayer for the same made by the applicant is consequently rejected.

10. The opposite party Sri Sharma has admittedly filed a petition for annulment of the marriage in the Court of District Judge Muzaffarnagar. Admittedly the Court of District Judge. Muzaffarnagar has jurisdiction to try the petition. The applicant Smt. Rachna Sharma is admittedly residing with her parents at Moradabad. Her father is Lecturer in a college at Moradabad. She has two brothers who are employed outside Muzaffarnagar. She is aged about 22 years and is a graduate with brilliant academic career.

11. The applicant has not filed her affidavit in support of this transfer application. The affidavit has been filed by her father Sri Sheesh Kumar Sharma. She has however filed her own affidavit on 3rd April. 1984 as rejoinder affidavit when the case was being argued in this Court. She was personally present along with her father and a brother on the data when she filed this rejoinder affidavit. This belies the deposition of Sheesh Kumar Sharma that he and his sons would be of no assistance to the applicant for the Pairvi of the case at Muzaffarnagar because his wife is a chronic patient of blood pressure and diabetes and that his sons are employed outside Muzaffarnagar. I find substance in the contention raised by the learned counsel for the opposite party that If Smt Rachana Sharma can get assistance of her father and brother in prosecuting her transfer application m this Court then she can certainly get the assistance for doing the pairvi of the petition against her at Muzaffarnagar it is abundantly clear that she is an educated lady and the assistance of her father and brother is available to her for contesting the petition filed against her. I see no force in the applicant's contention that she cannot contest the suit at Muzaffarnagar.

12. Sri Sheesh Kumar Sharma the father of the applicant has deposed in para 17 of his affidavit that on 16th Dec. he along with his daughter Smt. Rachna Sharma reached Muzaffarnagar for filing written statement in the petition but some unknown persons' tried to Gherao them and they took shelter in the house of a person who was known to him. They could not file written statement and moved application for time Annexure I is a copy of application There is not a word in this application to say that the applicant Smt. Rachna Sharma is at Muzaffarnagar and that she is in trouble having been Gheraoed by some unknown persons. The application on the other handgives the impression that due to the shock which she has received on getting the notice of the petition she is unable to file the written statement, it has further been mentioned in this application that it is not safe for her to visit Muzaffarnagar. The application Annexure I thus does not support the applicant's contention that she was actually gheraoed at Muzaffarnagar on 16th of December 83.

13. In para 16 of his affidavit Sri Sheesh Kumar Sharma says that applicant's husband wants to get rid of the applicant by all hook and crook. The petition has been filed with ulterior motive. The opposite party is a very influential Doctor at Muzaffarnagar and has already threatened the applicant and her parents with dire consequences. These allegations are all too vague to be relied upon. It is not clear as to where and when the opposite party threatened the applicant and her parents. Moreover had it been so then Sheesh Kumar Sharma would never have visited Muzaffarnagar on 16th Dec 83 without taking due precaution. In one breath Sheesh Kumar Sharma swears that he and his daughter were threatened with dire consequences if they happened to visit Muzaffarnagar and in the next breath ha says to have visited Muzaffarnagar on 16th Dec. 83. It is significant to find that the opposite party has filed the petition on the ground that Smt. Rachna Sharma suffers from mental disorder but the applicant does not admit the fact that she suffers from any such mental disability. The husband has not taken any other ground in his petition which may indicate that he wants to get rid of her by all hook and crook means. In the result I see no material on the record to believe that the life and honour of the applicant would be in danger if she visits Muzaffarnagar to contest the petition filed against her.

14. In the result I see no good ground to transfer the Petition from the district of Muzaffarnagar. The application for the same is consequently rejected.


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