Smt. Twinkle Agrawal vs Nimit Agrwal on 14 March, 2024

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Madhya Pradesh High Court

Smt. Twinkle Agrawal vs Nimit Agrwal on 14 March, 2024

Bench: Dwarka Dhish Bansal

                                                              1
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                  ON THE 14 th OF MARCH, 2024
                                               MISC. CIVIL CASE No. 120 of 2024

                            BETWEEN:-
                            SMT. TWINKLE AGRAWAL W/O SHRI NIMIT AGRAWAL
                            D/O SHRI JITENDRA AGRAWAL, AGED ABOUT 27
                            YEARS, OCCUPATION: UNEMPLOYED R/O PANNI LAL
                            SQUAR SATNA TEHSIL RAGHURAJNAGAR DISTRICT
                            SATNA (MADHYA PRADESH)

                                                                                            .....APPLICANT
                            (BY SHRI SARANG SONI, ADVOCATE)

                            AND
                            NIMIT AGRWAL S/O SHRI GOPAL SWARUP AGRAWAL,
                            AGED ABOUT 30 YEARS, OCCUPATION: PRIVATE
                            BUSINESS R/O HOUSE NO. D-14, PLOT NO. 352,
                            SAMDARIYA CITY MADHAVNAGAR, KATNI, TEHSIL
                            AND DISTRICT KATNI (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                            (BY SHRI VIKAS MAHAWAR, ADVOCATE FOR RESPONDENT)

                                  This application coming on for orders, this day, the court passed the

                            following:
                                                               ORDER

Present petition has been filed by wife/applicant under Section 24 of the Code of Civil Procedure, who has prayed for transfer of petition bearing Case No.RCSHM/276/2017 filed by respondent/husband u/s Section 13 of the Hindu Marriage Act from the Court of Principal Judge, Family Court, Katni to Family Court Satna.

2. Learned counsel for the applicant submits that the applicant is facing difficulty in participation of the proceedings pending in the Court of Principal Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 3/15/2024 3:45:24 PM 2 Judge, Family Court, Katni and it would be convenient to her to attend proceedings in the Family Court, Satna. He submits that a case filed by her under Section 12 of the Domestic Violence Act, is also pending before the Court of JMFC, Satna. He further submits that the mother of applicant died on 01.09.2022 and there is no one in her family to take care of her old father, who is undergoing medical treatment. As such, he submits that as per convenience of the wife/applicant, who is residing at Satna, the case no. RCSHM/276/2017 filed by husband under Section 13 of the Hindu Marriage Act, deserves to be transferred from the Court of Principal Judge, Family Court, Katni to Family Court, Satna. In support of his submissions, learned counsel placed reliance on decisions of Hon'ble Supreme Court in the case of Tejalben v. Mihirbhai Bharatbhai Kothari (2016) 3 SCC 69; Ruchi Rawat v. Principal Judge, Family Court, Etah and another 2022 SCC Online SC 2036; Manjula Singh Chouhan v. Vishal Singh Chouhan (2019) 13 SCC 660 & Sumita Singh v. Kumar Sanjay and Anr. (2001) 10 SCC 41 and prays for transfer of petition from the Court of Principal Judge, Family Court, Katni to Family Court, Satna.

3. Learned counsel appearing for the respondent opposed the prayer and submits that the applicant/wife is already appearing in one case instituted by her mother-in-law under Section 12 of the Domestic Violence Act in the Court of JMFC, Katni and the present petition for transfer of the case has been filed just with a view to create a ground for getting transferred the case already filed by applicant's mother-in-law in the Court at Katni. In support of his submissions, he placed reliance on a decision in the case of Rakhi Mishra vs. Sanjay Mishra 2007 SCC OnLine MP 13.

4. Heard learned counsel for the parties and perused the record.

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 3/15/2024 3:45:24 PM 3

5. Considering the submissions of learned counsel for the parties and in the light of aforesaid judgments of Supreme Court and taking into consideration convenience of wife, the case under Section 13 of Hindu Marriage Act filed by respondent/husband bearing no. RCSHM/276/2017 pending in the Court of Principal Judge, Family Court, Katni deserves to be and is hereby directed to be transferred to Family Court, Satna.

6. A copy of this order be sent to the Court of Principal Judge, Family Court, Katni to be placed in the file of RCSHM/276/2017. A copy of this order be also sent to Family Court, Satna.

7. With the above, this MCC is allowed and disposed off.

8. Pending application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE KPS Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 3/15/2024 3:45:24 PM

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