Madhya Pradesh High Court
Smt. Anjali Patkar vs Anoop Kishore Patkar on 16 January, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 16 th OF JANUARY, 2023
MISC. CIVIL CASE No. 1862 of 2021
BETWEEN:-
SMT. ANJALI PATKAR W/O SHRI ANOOP KISHORE
PATKAR, AGED ABOUT 28 YEARS, KOTWALI KE
PEECHHE, JABALPUR, (MADHYA PRADESH)
.....APPLICANT
(BY MS. ARCHANA SHARMA, ADVOCATE )
AND
ANOOP KISHORE PATKAR S/O SHRI V.M. PATKAR,
AGED ABOUT 60 YEARS, M.I.G. PUNIT NAGAR,
ADHARTAL, JABALPUR, (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ASHAY JAIN, ADVOCATE )
This application coming on for orders this day, th e court passed the
following:
ORDER
The present Miscellaneous Civil Case has been filed by the applicant/wife under Section 24 of the Civil Procedure Code, 1908 for transfer of H.M.A.No.998/2020 (Anup Kishore vs. Anjali) pending in the court of Family Court Indore to the Family Court, Jablapur.
In brief, the facts of the case are that the marriage of the applicant and the respondent was solemnized on 18.2.2018 in Jabalpur. Subsequently they also moved to Indore where they last resided together however, on account of some marital discord, the applicant went back to Jabalpur and has filed an application Signature Not Verified under Section 9 of the Hindu Marriage Act,1955 (hereinafter referred as the "the Signed by: MONI RAJU Signing time: 1/17/2023 10:00:56 AM 2 Act) against the respondent-husband and the FIR was also filed for offence under Section 498-A of the IPC at Mahila Thana, Jabalpur and subsequently, the applicant also filed a divorce petition under Section 13 (1) of the Hindu Marriage Act registered as H.M.A. No.998/2020 and when the applicant was served a notice of the aforesaid case she came to know about the same Counsel for the applicant has submitted that the applicant is a woman and there is no other person to look after her litigation and her parents are also old aged persons and are not in a position to accompany the petitioner from Jabalpur to Indore which is around 600 km. away and since two cases are already pending in Jabalpur which the respondent is also required to attend the same.
Counsel for the respondent, on the other had, has opposed the prayer and it is submitted that so far as the application under Section 9 of the Act is concerned, the same has already been dismissed for want of prosecution on 9.3.2022 and so far as the criminal case is concerned, it is submitted that the respondent is still appearing in the aforesaid case. Counsel for the respondent has also pleaded that the respondent is ready to pay the expenses to the applicant for her travel from Jabalpur to Indore and back.
On due consideration of the rival submissions and on perusal of the documents placed on record, it is apparent that a case for offence under Section 498-A of the IPC is already pending in Jablapur and further considering the fact that the applicant is a woman aged 30 years and is a house wife, it would be difficult to her to travel away from Jabalpur to Indore on her own as her parents are old aged and in such circumstances, it would be convenient for the respondent/husband to travel from Indore to Jabalpur to Signature Not Verified Signed by: MONI RAJU Signing time: 1/17/2023 10:00:56 AM 3 attend another case as he is already attending a criminal case there lodged at the instance of the applicant.
In view of the same, the present M.C.C. stands allowed. The H.M.A.No.998/2020 (Anup Kishore vs. Anjali) is transferred from the court of Family Court Indore to Family Court, Jabalpur. Let the needful be done within one month's time.
Certified copy, as per rules.
(SUBODH ABHYANKAR) JUDGE moni Signature Not Verified Signed by: MONI RAJU Signing time: 1/17/2023 10:00:56 AM