Madhya Pradesh High Court
Ashish @ Bablu Shivhare vs Nehashivhare on 12 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:20024
1 MP-587-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 12th OF MARCH, 2026
MISC. PETITION No. 587 of 2025
ASHISH @ BABLU SHIVHARE
Versus
NEHASHIVHARE
Appearance:
Shri Saket Agrawal - Advocate for the petitioner.
Smt. Nirmala Nayak- Advocate for respondent No.1.
ORDER
By way of this petition challenge is made to the order dated 25.01.2025 (Annexure P-1) whereby the Principal District Judge, Chhatarpur has transferred the divorce petition from the Court of Second District Judge, Nowgong, District Chhatarpur to the Court of Second District Judge, Chhatarpur in District Headquarters.
2. The counsel for the petitioner has assailed the orders on two grounds, firstly that the order amounts to frequent transfer of the divorce petition because it is the second transfer made within a space of 4 to 5 months because earlier the divorce petition was transferred from one particular judicial officer to another at Nowgong only, vide order dated 13.09.2024 and shortly thereafter another application has been filed before the Principal District Judge under Section 24 for transfer to another judicial officer.
Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 14-03-2026 18:19:13NEUTRAL CITATION NO. 2026:MPHC-JBP:20024 2 MP-587-2025
3. The other ground raised is that once in the District Headquarter Chhatarpur there is a Family Court therefore the suit ought to have been transferred to Family Court and it should not have been transferred to a regular District Court.
4. So far as question of frequent transfer is concerned, once the Principal District Judge upon considering the allegations and contentions made in the application for transfer, has transferred the divorce petition from one particular Court to another particular Court and he seems to be having better knowledge of local conditions available in the District, this Court does not intend to interfere in the discretion exercised by the Principal District Judge in exercise of limited jurisdiction of this Court under Article 227 of the Constitution of India.
5. So far as the second question regarding the issue of jurisdiction of the regular District Court is concerned, it is seen that Family Courts have been constituted only for the Municipal areas, and thus, the Family Court at Chhatarpur would exercise jurisdiction only for the parties residing within the limits of Municipal Council/Corporation Chhatarpur. Even if there is a rural area within the territorial jurisdiction of District Headquarters Chhatarpur, then also the divorce petition would be entertained by the regular District Court and not by the Family Court.
6. Since the divorce petition in question was filed before the regular District Court at Nowgong, District Chhatarpur by the present petitioner, therefore, if the divorce petition was being transferred in exercise of jurisdiction under section 24 CPC then since the original proceedings are Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 14-03-2026 18:19:13 NEUTRAL CITATION NO. 2026:MPHC-JBP:20024 3 MP-587-2025 filed before the regular District Court at Nowgong, District Chhatarpur then naturally while ordering transfer of those proceedings where the original jurisdiction lies before the District Court at Nowgong District Chhatarpur, the transfer would be made only to the regular District Court and not to the Family Court because the basic facts creating jurisdiction to Family Court Chhatarpur have not been pleaded in the divorce petition, but have been pleaded for regular District Court. It is not a case of divorce petition being presented to another Court upon return, but a case of transfer.
7. Therefore, this Court does not find any error of law and jurisdiction in the impugned order passed by the Principal District Judge, Chhatarpur in transferring the proceedings of divorce petition to Second District Judge, Chhatarpur.
8. The petition fails and is dismissed.
(VIVEK JAIN) JUDGE nks Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 14-03-2026 18:19:13