Smt. Pooja Shukla vs Rishabh Shukla on 16 February, 2023

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Madhya Pradesh High Court

Smt. Pooja Shukla vs Rishabh Shukla on 16 February, 2023

Bench: Sunita Yadav

                                  1
 IN     THE        HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            BEFORE
               HON'BLE SMT. JUSTICE SUNITA YADAV
                   ON THE 16 th OF FEBRUARY, 2023
                   MISC. CIVIL CASE No. 2492 of 2022

BETWEEN:-
SMT. POOJA SHUKLA W/O SHRI RISHAV SHUKLA, AGED
ABOUT 28 YEARS, OCCUPATION: HOUSEWIFE R/O
AYOUDHYPURI SANGAM VIHAR COLONY 19-A GOL
PAHADIA GWALIOR PRESENTLY MAUHAR COLONY
KARERA POLICE STATION KARERA DISTRICT
SHIVPURI (MADHYA PRADESH)

                                                                 .....APPLICANT
(MR. SURESH AGRAWAL - ADVOCATE)

AND
RISHABH SHUKLA S/O SHRI RAHUL SHUKLA, AGED
ABOUT   32  YEARS, OCCUPATION: SERVICE R/O
AYODHYA NAGARI SANGAM VIHAR COLONY 19-A GOL
PAHADIA GWALIOR (MADHYA PRADESH)

                                                              .....RESPONDENT
(MR. RAVI BALLABH TRIPATHI - ADVOCATE)

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

following:
                                   ORDER

The present petition is filed under Section 24 of the Civil Procedure Code, 1908 seeking transfer of Case No. RCS HM/502-A/2021 pending before the Additional Principal Judge, Family Court, District Gwalior filed by non- applicant/husband under Section 9 of Hindu Marriage Act for restitution of conjugal rights.

It is not disputed that applicant is legally married wife of respondent. As per the contention of petitioner on account of harassment by respondent and 2 his family, she left the house of respondent on 04.09.2021 and has been residing with her parents in Karera, District Shivpuri. The petitioner lodged an F.I.R. under Section 498A, 506/34 of IPC read with Section 3/4 of Dowry Prohibition Act with Crime No. 551/2021 at Police Station Karera, District Shivpuri on 26.09.2021. The trial is pending before the JMFC, Karera in Case No. RCT 1358/2021. The petitioner also filed an application under Section 125 of Cr.P.C. for maintenance and the same was registered at MJC-R-334/2021 on 11.11.2021. The application was allowed vide order dated 27.05.2022. The petitioner filed an application under Section 128 of Cr.P.C. and the same is pending before JMFC, Karera, District Shivpuri as Case No. 288/2022 and the next date of hearing is 09.11.2022. The petitioner also filed an application under Section 12 of the Domestic Violence Act on 07.01.2022 and the same was allowed vide order dated 29.07.2022 and the applicant also filed an appeal under Section 29 of Domestic Violence Act pending before the Additional District Judge, Karera, District Shivpuri which is pending in Case No. 300/2022 (appeal). The non-applicant filed a petition under Section 9 of the Hindu Marriage Act before Additional Principal Judge, Family Court, Gwalior and the same is registered as Case No. 502-A/2021 and notices have been issued on 26.08.2022 and the next date of hearing is 28.11.2022.

Learned counsel for the respondent vehemently opposed the petition and submitted that all the allegations levelled against non-applicant are baseless and the petitioner has filed five cases against him without any grounds. There is no reason to transfer the case filed by respondent before Family Court, Karera, District Shivpuri as petitioner is capable of travelling to Gwalior, therefore, the petition be dismissed.

Heard counsel for the parties and perused the record. The facts in respect to pendency of above cases in Karera & Gwalior are not disputed between the parties. The petitioner is a girl, aged about 29 years. As per her averments, the parents of petitioner are old, the brother of the petitioner is not supporting the family and residing separately. The financial position of family of the petitioner is very bad and the petitioner is not in a position to travel to Gwalior to attend the case.

Under the above circumstances, so also when five cases between the parties are pending in the Court of Karera, District Shivpuri and the petitioner is also residing at Karera and in view of the settled position that convenience of wife must be taken into account where cases are pending in different cities, this Court finds it appropriate to transfer the Case No. RCS HM/502-A/2021 pending before the Additional Principal Judge, Family Court, Gwalior to Additional District Judge, Karera, District Shivpuri in the interest of justice.

Consequently, the petition is allowed and it is directed that Case No. RCS HM/502-A/2021 pending before the Additional Principal Judge, Family Court, District Gwalior be transferred to Additional District Judge, Karera, District Shivpuri.

Parties are directed to appear before the Additional District Judge, Karera, District Shivpuri on 13.03.2023.

(SUNITA YADAV) JUDGE Chetna Digitally signed by CHETNA BEHRANI DN: c=IN, o=HIGH COURT OF MADHYA CHETNA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=3872c6ad325afeb7870707e13c4 00c2ff157b26ccb6ba0d76f9f163c00ba6c8 BEHRANI f, postalCode=474001, st=Madhya Pradesh, serialNumber=D95A1CBCE45E335780C6 A22BC624EB1890248DFC3276CAB6F1F53 09FE9E64B84, cn=CHETNA BEHRANI Date: 2023.02.17 01:53:04 +05'30'

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