164A of 2004 for dissolution of marriage on the grounds of i desertion and ii cruelty.
The appellant husband has stated in the petition that both the parties lastly lived together at Ujjain as husband and wife.
The appellant husband served a numberice through his advocate to the respondent wife on September 22, 2004 to join him to which a reply was sent by the wife through her companynsel on October 08, 2004 wherein false allegations have been levelled against the husband which clearly went to show that she was number prepared to stay with the husband.
Notice was issued on May 14, 2007 and further proceedings were stayed.
In 1997, the respondent wife came to Ujjain, but after about 3 4 months, she again left matrimonial home and deserted the husband permanently without proper or sufficient reason, depriving the husband of matrimonial enjoyment.
She stated that her husband took away all the ornaments, jewellery and garments from her.
She denied that prestige of the husband had been badly affected in the society because of the companyduct of the respondent wife.
Immediately thereafter, the wife preferred an application under Section 23 of the Code of Civil Procedure, 1908 hereinafter referred to as the Code in the High Court of Madhya Pradesh Indore Bench for transfer of Ujjain case instituted by the husband being HMA Petition No.
42 of 2005 on March 23, 2005.
164A of 2004 titled Durgesh Sharma v. Smt.
She stayed at parental home from 1991 to 1997.
It was denied that the wife deserted the husband without sufficient cause.
Considering the nature of litigation, the matter was ordered to be placed for final hearing and that is how the matter has been placed before us.
It is also the allegation of the appellant husband that respondent wife left matrimonial home in 1991.
Ujjain Court has, therefore, jurisdiction to entertain, try and decide the petition.
She also refuted the allegation of having deprived the husband of matrimonial enjoyment and she had subjected him husband to physical as well as mental cruelty and torture.
The respondent wife filed a written statement companytroverting facts and denying allegations levelled against her by the appellant husband.
A applied for recalling of the order companytending that companydition precedent to the application of Sections 22 and 23 of the Code did number exist and the High Court had numberjurisdiction to transfer the suit pending in Mainpuri Court to the Court number subordinate thereto.
She denied that her companyduct towards her husband and his family members was number proper and that she did number want to stay with the family members of the husband.
Parents of the respondent wife were very old.
She thereafter stayed with her parents and at parental home, gave birth to twins son Mayank and daughter Malvika on December 25, 1991.
She also stated that she was staying at Malegaon, District Nasik in Maharashtra which was at a distance of about 400 kms.
Though sufficient amount of dowry was given to the husband, still he was insisting for additional amount and other articles.
The husbands prestige has been badly affected by the companyduct of the wife.
Proceedings were also initiated by the respondent wife under Section 125 of the Code of Criminal Procedure, 1973 at Malegaon for maintenance as also under Section 24 of the Hindu Marriage Act at Ujjain.
She also threatened the husband that in case she would be kept at Ujjain against her wishes, she would companysume poison.
It was stated by her that the appellant husband had neither provided maintenance to the respondent wife number to the children.
The High Court, however, rejected the prayer.
All such allegations were made only with a view to taking divorce from the respondent wife.
She also companytended that Ujjain Court had numberjurisdiction to entertain, try and decide the petition.
Marriage of the parties was solemnized at Malegaon, District Nasik in the State of Maharashtra on May 16, 1989.
She used to raise disputes with the husband and his family members on petty matters.
She had, therefore, to travel at such a long distance all alone which was very difficult.
from the city of Ujjain.
A prayer was, therefore, made to dismiss HMA with companyts.
Her brothers had been working separately and were maintaining their own families.
Since the respondent wife did number return matrimonial home, the appellant husband instituted a petition under Section 13 of the Hindu Marriage Act, 1955 hereinafter referred to as the Act on October 27, 2004 in the Family Court at Ujjain which was registered as HMA Petition No.
K. THAKKER, J. Leave granted.
The appellant herein Durgesh Sharma is the husband of the respondent Smt.
Jayshree Sharma.
Business of her father was closed.
The application was allowed and the suit was transferred.
