Madhya Pradesh High Court
Rani Verma vs Deepak Verma on 21 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:1973
1 MCC-1414-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
ON THE 21st OF JANUARY, 2026
MISC. CIVIL CASE No. 1414 of 2025
RANI VERMA
Versus
DEEPAK VERMA
Appearance:
Shri Anshul Hardia, learned counsel for the applicant.
ORDER
This is an application filed by the applicant / wife under Section 24 of the Code of Civil Procedure, 1908 for transfer of the proceedings of Case No.RCSHM No.63/2023 from the Court of the IV Additional District Judge, Sujalpur to the Family Court at Bhopal.
2. The applicant and the respondent solemnized their marriage on 01.01.2023 at Village Kankarkheda in accordance with Hindu customs and rituals. As per the pleadings in the application, the applicant was ousted from her matrimonial home on 16.01.2023 on account of a demand for dowry.
When the dispute could not be resolved, the applicant lodged a written complaint on 06.07.2023 at Police Station Ratibad, Bhopal. On 19.07.2023, the respondent was called by the staff of Police Station Ratibad for mediation; however, prior thereto, the respondent had already filed a petition on 18.07.2023 under Section 13 of the Hindu Marriage Act before the IV Additional District Judge, Shujalpur, which was registered RCSHM Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 23-01-2026 10:15:25 NEUTRAL CITATION NO. 2026:MPHC-IND:1973 2 MCC-1414-2025 No.63/2023 seeking divorce before the Court at Shujalpur.
3. As the mediation failed, an FIR was registered against the respondent and his family members on 21.07.2023 under Section 498-A of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961.
4. In view of the above facts, learned counsel for the applicant submits that if the case is not transferred, the applicant would suffer serious and irreparable loss and would be deprived of her legitimate rights as she would not be able to contest her case efficiently. This is stated to be the sole ground for transfer of the proceedings. However, it has not been stated anywhere in the entire application as to how and for what reasons the applicant would be deprived of her right to contest the case efficiently. There is not even a whisper in the entire application that the applicant is facing any hardship in attending the Court proceedings at Shujalpur. No inconvenience has been pleaded nor have any obstacles in travelling to Shujalpur been mentioned.
5. Learned counsel for the applicant while arguing the case placed reliance on an order of the Hon'ble Apex Court rendered in the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha in (2006) 9 SCC 197 , an order dated 24.03.2025 in the case of Smt. Sneha Sen vs. Deepak Sen passed by the co-ordinate Bench of this Court in MCC No.4096/2024 as well as an order dated 17.12.2024 in the case of Aarti vs. Trilok Solanki passed in MCC No.2668/2024 and submitted that while considering an application under Section 24 for transfer of proceedings, it is the convenience of the wife that has to be taken into consideration.
6. Heard learned counsel for the applicant and perused the case file.
Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 23-01-2026 10:15:25NEUTRAL CITATION NO. 2026:MPHC-IND:1973 3 MCC-1414-2025
7. This application is being heard in absence of the respondent; despite service, he has not chosen to enter his appearance.
8. A close scrutiny of the application for transfer would show that apart from para 11 only the facts of the dispute have been narrated. In para 11, it is stated that if the case is not transferred, the applicant would suffer serious and irreparable loss and would be deprived of her legitimate rights as she would not be able to contest her case efficiently. However, prior to making this assertion, no case has been set up so as to disclose the reasons for such deprivation. It has not been pleaded as to how or for what reasons she would be unable to contest her case efficiently. The applicant has also not pleaded any inconvenience in travelling nor has it been stated that there is no one in her family to accompany her for attending the Court proceedings at Shujalpur.
9. In the considered view of this Court, in absence of complete pleadings in this regard, the reliance placed by the learned counsel for the applicant on the orders passed by Hon'ble apex Court as well as this Court is of no avail.
10. Even otherwise, the distance between the place where the applicant resides and the place where the proceedings are pending is only about 200 kms. The applicant is not required to attend the Court proceedings on each and every date by remaining physically present. She can always attend the Court proceedings through video conferencing.
11. However, the applicant is at liberty to move an application for the facility to attend the proceedings through video conferencing. This Court is Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 23-01-2026 10:15:25 NEUTRAL CITATION NO. 2026:MPHC-IND:1973 4 MCC-1414-2025 confident that if any such application is filed by the applicant before the concerned Court for permission to appear through video conferencing the concerned Court shall advert to the same in its proper perspective and pass order in accordance with law.
12. It is also significant to note here that as per the pleadings of the applicant herself, the petition for divorce was filed on 18.07.2023. However, the present petition for transfer was filed on 22.04.2025 i.e. almost two years after the institution of the proceedings. As such, this Court is not inclined to entertain the application and the present MCC is hereby dismissed.
Certified copy as per rules.
(PAVAN KUMAR DWIVEDI) JUDGE Anushree Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 23-01-2026 10:15:25