Madhya Pradesh High Court
Shrajan Raje vs Smt. Aarti Raje on 21 December, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCC-1464-2021
Shrajan Raje and ors. Vs. Smt. Aarti Raje
Gwalior, Dated : 21-12-2021
Shri Rajeev Shrivastava, Counsel for the applicants.
This application under Section 407 of CrPC has been filed for
transferring the Criminal Case No.328/2019 pending in the Court of
Principal Judge, Family Court (Link Court), Sheopur to Principal
Judge, Family Court, Shivpuri as well as also for transfer of Criminal
Case No.322/2019 pending against the applicant under the provisions
of Protection of Women from Domestic Violence Act, 2005 in the
Court of JMFC, Sheopur to JMFC, Shivpuri.
An objection has been raised by the Office that a composite
application has been filed for transfer of a case pending in the
Family Court, Sheopur and case pending in the Court of JMFC,
Sheopur and, therefore, a composite application for transfer of two
different cases is not maintainable.
Before adverting to the objection raised by the Office, this
Court thinks it apposite to consider the merits of the case.
It is the case of the applicants that the applicant No. 1 and the
respondent are husband and wife, whereas the applicants No. 2 and 3
are the parents of the applicant No. 1. The marriage was performed on 04.12.2017. Soon after the marriage, dispute arose between the parties and accordingly, the applicant No. 1 filed a suit for divorce before the Court of Principal Judge, Family Court, Shivpuri in Case 2 THE HIGH COURT OF MADHYA PRADESH MCC-1464-2021 Shrajan Raje and ors. Vs. Smt. Aarti Raje No.114/2019. The said case was contested by the respondent and ultimately petition for divorce filed by applicant No. 1 was dismissed and the first appeal filed by the applicant No. 1 before the High Court is still pending. Thereafter, the respondent filed an application under Section 125 of CrPC and under Section 12 of the Protection of Women from Domestic Violence Act, which are pending before the Principal Judge, Family Court (Link Court) Sheopur as well as JMFC, Sheopur and by this application, it is prayed that both the cases be transferred to the competent Court at Shivpuri. It is further submitted that one criminal case under Section 498 of IPC is also pending consideration before the Court of JMFC, Sheopur. It is submitted that the applicant No. 1 is a Government Employee working on contract basis and his basic salary is Rs.16089/- per month and after deduction of TDS, his take home salary is Rs.14,480/-. With this limited income, the applicant is required to bear the litigation expenses also. Further, the applicant No. 1 is finding it difficult to get the frequent leave and in case, if the applicant attends the Court proceedings without obtaining any leave, then he is liable to face the departmental action. Further, the applicant No. 1 is also suffering from liver disease and he has been advised not to undertake long journey. The applicants No. 2 and 3 are also old and infirm persons. Since the native place of the respondent is 3 THE HIGH COURT OF MADHYA PRADESH MCC-1464-2021 Shrajan Raje and ors. Vs. Smt. Aarti Raje Sheopur, therefore, in order to harass the applicants, she has instituted three criminal cases in Sheopur. It is further submitted that the respondent had participated in the divorce petition, which was instituted by the applicant No. 1 at Shivpuri without any inconvenience, therefore, it is clear that the respondent is merely interested in harassing the applicants. It is further submitted that Family Court has also awarded Rs.2,000/- per month by way of maintenance as well as travelling expenses which are being paid by the applicant No. 1 to respondent wife. It is further submitted that the respondent is only required to appear before the Court as and when her presence is required, whereas the applicants are required to attend the Sheopur Court on each and every day and thus, it is clear that since the applicant is finding it very difficult to appear at different Courts at Sheopur, therefore, all those cases may be transferred to Shivpuri.
Heard the learned counsel for the applicants. First contention of the applicants is that they are required to appear before the competent Court at Sheopur on each an every day. However, during the course of argument, it was fairly conceded that the applicants never approached the Court below for seeking their permanent exemption and representation through their counsel.
Be that whatever it may.
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THE HIGH COURT OF MADHYA PRADESH MCC-1464-2021 Shrajan Raje and ors. Vs. Smt. Aarti Raje Convenience of an accused person cannot be a good ground for transfer of the cases from one District to another. Merely because the respondent had contested the divorce petition at Shivpuri, cannot be a good ground to transfer all the cases to Shivpuri specifically when the petition for divorce filed by the applicant No. 1 has been dismissed and prima facie the allegations made by him against the respondent were found to be incorrect.
Be that whatever it may.
Merely because the applicant claims himself to be a low paid employee, cannot be a good ground to transfer a case from Sheopur to Shivpuri specifically when the respondent is a lady and it may be difficult for her to travel to Shivpuri all alone without the assistance of any of her family member.
Under these circumstances, this Court is of the considered opinion that no case is made out for transferring the case from Sheopur to Shivpuri.
The application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.12.22 16:09:21 +05'30'