Neeta Jain vs Rajiv Jain on 2 September, 2022

[Cites 5, Cited by 3]

Madhya Pradesh High Court

Neeta Jain vs Rajiv Jain on 2 September, 2022

Bench: Maninder S Bhatti

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         BEFORE
                                         HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                                ON THE 2nd OF SEPTEMBER, 2022

                                             MISC. CIVIL CASE No. 588 of 2020

                                 Between:-
                                 NEETA JAIN W/O RAJIV JAIN, AGED ABOUT 34
                                 YEARS, OCCUPATION: HOUSE WIFE BALAGHAT
                                 AT PRESENT BESIDE OF DIGAMBAR JAIN
                                 KANCH MANDIR, MAAGUNJ WARD NO. 3
                                 STATION ROAD, (MADHYA PRADESH)

                                                                                         .....APPLICANT
                                 (BY SHRI ASHEESH PODDAR, ADVOCATE)

                                 AND

                                 RAJIV JAIN S/O SWATANTRA KUMAR JAIN,
                                 AGED ABOUT 37 YEARS, WARD NO. 17 MAIN
                                 ROAD BALAGHAT (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                                 (BY SHRI SANJAY SHARMA, ADVOCATE)

                               This application coming on for admission this day, the court passed the
                         following:
                                                            ORDER

Petitioner has filed this petition seeking transfer of Hindu Marriage Case RCSHM No.118/2019 (renumbered 149/2019) pending in the Family Court, Balaghat to Family Court, Damoh.

Learned counsel for the petitioner/wife contends that she has already filed an application under section 125 of Cr.P.C. in the Family Court, Damoh and also moved an application under section 9 of Restitution of Conjugal Rights, in the Family Court, Damoh therefore, submits that the petition filed under section 13 of Hindu Marriage Act seeking decree of divorce by the respondent/husband Signature Not Verified Signed by: ASTHA SEN Signing time: 9/5/2022 6:37:54 PM 2 be transferred to Family Court, Damoh.

Learned counsel for the petitioner contends that the petitioner is residing with her parents and therefore, the appearance in cases before Family Court, Balaghat will cause inconvenience and immense hardship to the petitioner/wife. Thus, the petitioner contends that the case filed at the behest of husband/respondent under section 13 of Hindu Marriage Act in the Family Court, Balaghat be transferred to Family Court, Damoh.

Per contra, counsel for the respondent submits that the respondent/husband had filed a case under section 13 of Hindu Marriage Act in the Family Court, Balaghat and later on the petitioner/wife filed a case under section 125 of Cr.P.C. as well as as 9 of the Restitution of Conjugal Right before Family Court Damoh.

Learned Counsel for the respondent further contends that the application under section 13 was filed way back in July, 2019 and therefore, as an afterthought the petitioner filed an application under section 125 of Cr.P.C. in the Family Court, Damoh and also under section 9 of restitution of Conjugal Rights, before the Family Court, Damoh. The respondent has relied upon the order passed by this Court in MCC No. 932/2022 dated 1/08/2022 (Smt. Afsana Qureshi Vs. Mohd. Jamin Khan).

Having heard the rival submission of the parties, this Court is of the considered view that the petitioner/wife can enter appearance through video conferencing in case which has been instituted at the behest of respondent/husband under section 13 of the Hindu Marriage Act. This Court in MCC No. 932/2022 has already issued direction to concerned Family Court to extend the facility of video conferencing for the purposes of the examination/cross examination of the parties and the witnesses as well.

Signature Not Verified Signed by: ASTHA SEN Signing time: 9/5/2022 6:37:54 PM 3

Thus, the present petition is disposed of with a direction to the Family Court, Balaghat to permit the petitioner to enter appearance through video conferencing in case No.RCSHM. No.118/2019 (renumbered 149/2019). The Family Court, Balaghat shall also permit the petitioner to examine/cross examine the witnesses as well as parties through video conferencing. However, if the court deems that, if appearance on a particular date, of the petitioner is imperative, the court shall be at liberty to order personal appearance of the petitioner.

The Family Court, Balaghat shall coordinate with Family Court, Damoh to enable the petitioner to enter appearance through video conferencing.

With the aforesaid, petition stands disposed of.

(MANINDER S BHATTI) JUDGE Astha Signature Not Verified Signed by: ASTHA SEN Signing time: 9/5/2022 6:37:54 PM

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