Madhya Pradesh High Court
Smt. Surbhi Verma D/O Rajesh Verma vs Rajesh Verma on 26 April, 2022
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 26th OF APRIL, 2022
MISC. CIVIL CASE No. 1182 of 2021
Between:-
SMT. SURBHI VERMA D/O RAJESH VERMA W/O
THROUGH SHRI SURESH VERMA, AGED ABOUT
20 YEARS, OCCUPATION: HOUSEWIFE FLAT NO.
148, BLOCK NO. 10 SOUTH AVENUE, BHOPAL
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI AKHILESH SAXENA, ADVOCATE )
AND
RAJESH VERMA S/O LATE SHRI RAMKUMAR
VERMA, AGED ABOUT 30 YEARS, OCCUPATION:
BUSINESS, 341-A, KALANI NAGAR,
AERODROME ROAD, INDORE (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI VINOD KAUSHAL, ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
1. This petition under Section 24 of the CPC has been preferred by the applicant/wife for transfer of Case No.760/2021 from the Court of Principal Judge, Family Court, Indore to the Court of Principal Judge, Family Court, Bhopal.
2. As per the petitioner, she and the non-applicant/husband got married on Signature Not Verified SAN 07.03.2019 at Indore, according to Hindu rites and ceremonies. Due to Digitally signed by NEERAJ differences having arisen between the parties they have started residing SARVATE Date: 2022.05.14 09:55:30 IST 2 separately. The applicant is residing at Bhopal whereas the non-applicant is residing at Indore. The non-applicant has filed a petition under Section 13(1) of the Hindu Marriage Act, 1955 before the Court at Indore notices of which have been received by the applicant.
3. The instant petition has been filed on the ground that on complaint by applicant Criminal Case No.8489/2022 is pending against the non-applicant at Bhopal for offences punishable under Section 498-A of IPC and Section 3/4 of Dowry Prohibition Act. The applicant has also filed an application under Section 125 of the Cr.P.C. before the Family Court, Bhopal for grant of maintenance to her. She has also filed a petition under Section 12 of the Domestic Violence Act at Bhopal. The applicant has not been provided for any maintenance by the non-applicant. Her parents are poor and she is totally dependent upon them and does not have any source of income. The distance from Bhopal to Indore is about 200 Kms. and it shall be very inconvenient for the applicant to travel to Indore for each and every date of hearing. Since three cases at the instance of the applicant are already pending at Bhopal, the instant case also deserves to be transferred to Bhopal.
4. The prayer has been strenuously opposed by the non-applicant by filing his reply in which it has been submitted that the applicant has been residing in her parents house out of her own free will. The non-applicant has made several efforts for bringing her back but she has not come back. The cases instituted by the applicant against the non-applicant at Bhopal are all false and frivolous. Applicant is a highly educated lady and has done the course of PGDM. She is also carrying on painting and art work coaching and is much more capable than Signature Not Verified SAN the non-applicant hence does not require any maintenance. She can easily travel Digitally signed by NEERAJ SARVATE Date: 2022.05.14 09:55:30 IST from Bhopal to Indore in which she would not face any inconvenience. The 3 instant application has been filed by her only for harassing the non-applicant.
5. I have heard learned counsel for the parties and have perused the record.
6. The applicant is a lady aged about 20 years and is residing with her parents at Bhopal. She has categorically stated that she is dependent upon her parents for her livelihood and does not have any source of income. Though the non-applicant has contended that the applicant is well educated and is running painting and art work course but no document or proof in support of the said statement has been adduced by him. Mere bald assertion without any substantiation would be insufficient. The applicant may be capable of earning but merely for possessing such capability it cannot be interfered that she is actually earning. On the contrary she has filed application against the non- applicant for grant of maintenance to her. The non-applicant has not shown that he has provided any maintenance to the applicant and has instead stated that she does not require any maintenance. It is hence obvious that no maintenance has been provided for by the non-applicant to the applicant.
7. Three cases at the instance of the applicant are already pending at Bhopal. It would be more convenient for both the parties if all the cases pending between them are proceeded with at the same place. The distance from Bhopal to Indore is about 200 Kms. and it would be inconvenient for the applicant to travel from Bhopal to Indore for each and every date of hearing.
On the other hand it would be more convenient for the non-applicant to travel from Indore to Bhopal. The correctness or otherwise of the cases instituted by the applicant against the non-applicant cannot be determined in these Signature Not Verified proceedings. Thus in view of the aforesaid discussion a case for transfer has SAN Digitally signed by NEERAJ been made out.
SARVATE Date: 2022.05.14 09:55:30 IST 48. Consequently the application is allowed. Hindu Marriage Act Case No.760/2020 (Rajesh V/s. Surbhi) pending before the First Additional Principal Judge, Family Court, Indore is transferred to the file of Principal Judge, Family Court, Bhopal for decision in accordance with law. The Family Court, Bhopal is requested to ensure that all the cases pending between the parties are fixed for the same date so as to avoid any unnecessary inconvenience to them.
9. No order as to costs.
(PRANAY VERMA) JUDGE ns Signature Not Verified SAN Digitally signed by NEERAJ SARVATE Date: 2022.05.14 09:55:30 IST