Madhya Pradesh High Court
Smt. Barkha vs Gokul on 18 December, 2024
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2024:MPHC-IND:36441
1 MCC-122-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 18th OF DECEMBER, 2024
MISC. CIVIL CASE No. 122 of 2024
SMT. BARKHA
Versus
GOKUL
Appearance:
Ms. Archana Maheshwari - Advocate for petitioner.
Shri Shadab Khan- Advocate for respondent.
ORDER
This MCC under Section 24 of CPC has been filed by the petitioner for transfer of Case No.19 of 2021 (HM Act) from the Court of Additional District Judge, Sardarpur, District Dhar to the Court of Principal Judge, Family Court, Ratlam.
During the course of argument, it is fairly admitted by learned Counsel for the petitioner that application filed by petitioner under Section 9 of Hindu Marriage Act, 1955 filed by petitioner for restitution of conjugal rights and application under Section 125(3) of CrPC have already been disposed off and only application filed under Section 12 of Domestic Violence Act is pending before the trial Court concerned.
On the other hand, learned counsel for the respondent submits that a divorce petition filed on behalf of respondent- husband under Section 13(a) of the Hindu Marriage Act is pending consideration before the Court of Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 20-12-2024 17:01:27 NEUTRAL CITATION NO. 2024:MPHC-IND:36441 2 MCC-122-2024 Additional District Judge, Sardarpur, District Dhar and case is fixed for evidence as well as cross-examination of petitioner.
Considering the contentions made on behalf of both the parties and looking to the facts and circumstances of case, no case is made out for transfer of Case No.19 of 2021(HM Act) filed by respondent-husband from Court of Additional District Judge, Sardarpur, District Dhar to the Court of Principal Judge, Family Court, Ratlam. This MCC fails and is hereby rejected.
(HIRDESH) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 20-12-2024 17:01:27