Madhya Pradesh High Court
Smt. Nidhi vs Pawan on 23 October, 2024
NEUTRAL CITATION NO. 2024:MPHC-IND:30663
1 MCC-2625-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 23rd OF OCTOBER, 2024
MISC. CIVIL CASE No. 2625 of 2024
SMT. NIDHI
Versus
PAWAN
Appearance:
Shri Nipun Choudhary, learned counsel for the petitioner.
Shri Suresh Kumar Rajpurohit, learned counsel for the respondent.
ORDER
The applicant/wife has filed this petition u/s 24 r/w section 151 CPC seeking transfer of HMA Case No.17/2023 (Pawan vs. Smt.Nidhi) pending before District Judge, Badnawar, district Dhar to District Judge, Sardarpur, district Dhar.
2. This petition is filed on the ground that the impugned order dated 07.05.2024 passed by District Judge, Dhar rejecting the application is totally misconceived as the distance which the applicant has to travel from Bandedi to Badnawar is almost 75 kms. and the distance between Bandedi to Sardarpur and Bandedi to Dhar is only 20 kms. The trial court has failed to appreciate the fact that although the distance is not much but the time taken to travel that distance and hardships involved in travelling that extra distance with 3 years old child is very troublesome for a lady.
3. Learned counsel appearing for the respondent opposed the petition and submits that the present petition is only to harass the respondent/husband, Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 24-10-2024 13:23:54 NEUTRAL CITATION NO. 2024:MPHC-IND:30663 2 MCC-2625-2024 therefore, liable to be dismissed. In support of his contention he has placed reliance on the decision in the case of Anindita Das vs. Srijit Das - (2006) 9 SCC 197.
4. The Apex Court in the case of Sunita Singh Vs. Kumar Sanjay and another reported in (2001) 10 SCC 41 has held that in a husband's suit against wife for divorce, the convenience of the wife must be looked at and the divorce petition should be transferred to a place where she is residing.
5. In view of the above, the present application is allowed and HMA Case No.17/2023 (Pawan vs. Smt.Nidhi) pending before District Judge, Badnawar, district Dhar is transferred to in the Court of District Judge, Sardarpur, district Dhar.
6. Accordingly, MCC stands allowed.
(GAJENDRA SINGH) JUDGE hk/ Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 24-10-2024 13:23:54