Madhya Pradesh High Court
Jyoti Kumrawat vs Ravi Kumar @ Ravindra on 24 January, 2022
Author: Anil Verma
Bench: Anil Verma
The High Court Of Madhya Pradesh MCC No. 70 of 2021 (JYOTI KUMRAWAT Vs RAVI KUMAR @ RAVINDRA) Indore, Dated : 24-01-2022 Heard through Video Conferencing.
Shri Vishal Sharma, learned counsel for the applicant . None for the non-applicant, despite service of notice. Present application has been filed by the applicant under section 24 of he CPC for transfer of HMA no. 722/2020 ( Ravi Kumar Kumrawat Vs. Smt. Jyoti Kumrawat) pending in the Court of 1st Additional Principal Judge, Family Court, Indore to the Court of Additional District Judge, Khargone.
Learned counsel for the applicant has submitted that the applicant is the married wife of the non-applicant/husband. Their marriage was solemnized on 08/02/2019 and out of the said wedlock, one daughter namely Bhakti born on 20/11/2019, who is residing with the applicant after deserted from her husband. The applicant is staying with her parents at Khargone and she has no source of income for her livelihood, therefore, she has filed an application for grant of maintenance before the Court of JMFC, Khargone, which is still pending. Non-applicant has also instituted a case i.e. HMA no. 722/2020 under section 9 of the Hindu Marriage Act before the 1st Additional Principal Judge, Family Court, Indore, the distance between Indore to Khargone is near about 150 km and she has to travel such a long distance with her one year daughter, which is very difficult, expensive and unsafe for her, therefore, learned counsel prays for transfer of the HMA no. 722/2020 from Indore to Khargone.
No written reply has been filed on behalf of the non- applicant.
This Court has carefully gone through the documents filed by the applicant on record.
The applicant/wife is residing at Khargone and one case is pending at Khargone and another case is pending at Indore. The applicant does not have any source of income. She is living with her one year daughter at Khargone and no one is available to escort her to attend the hearing at Indore. Non-applicant/husband is doing a private job.
In view of the aforesaid submissions, the applicant has been able to make out the case for transfer of the said case from Indore to Khargone.
Resultantly, present MCC is allowed and the HMA no. 722/2020 (Ravi Kumar Kumrawat Vs. Smt. Jyoti Kumrawat) pending before the 1st Additional Principal Judge, Family Court, Indore is transferred to the Court of 1st Additional District Judge, Khargone.
Both the parties are directed to appear before the 1 st ADJ, Khargone on 18/02/2022.
Present MCC stands disposed of accordingly. CC as per rules.
(ANIL VERMA) JUDGE Digitally signed by AMOL N MAHANAG Date: 2022.01.25 15:45:55 +05'30'