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Madhya Pradesh High Court

Smt. Sapna vs Nilesh on 19 March, 2024

Author: Hirdesh

Bench: Hirdesh

                                                          1
                                 IN    THE         HIGH COURT OF MADHYA
                                                       PRADESH
                                                      AT INDORE
                                                    BEFORE
                                          HON'BLE SHRI JUSTICE HIRDESH
                                             ON THE 19 th OF MARCH, 2024
                                           MISC. CIVIL CASE No. 813 of 2023

                           BETWEEN:-
                           SMT. SAPNA W/O NILESH JI GANDHARA, AGED
                           ABOUT 29 YEARS, OCCUPATION: HOSUE WIFE SHR
                           RAM MANDIR KE SAMNE MAIN ROAD
                           SHYAMGARH TEHSIL SHAYAMGARH DISTRICT
                           MANDSAUR (MADHYA PRADESH)

                                                                                     .....PETITIONER
                           (SHRI AKHILESH KUMAR CHOUDHARY - ADVOCATE)

                           AND
                           NILESH S/O SURESHCHANDRA JI GANDHARA,
                           AGED     ABOUT   28    YEARS, OCCUPATION:
                           THEKEDARI SIDDHI VINAYAK COLONY SITAMAU
                           DISTRICT MANDSAUR. (MADHYA PRADESH)

                                                                                   .....RESPONDENT
                           (BY SHRI VISHAL PATIDAR - ADVOCATE)

                                 T h is application coming on for admission this day, t h e court

                           passed the following:
                                                           ORDER

The petitioner has filed this petition under Section 24 of the CPC seeking transfer of RCSHM No.331/2022 pending before Principal Judge, Family Court, Mandsaur to the Court of learned Additional District Judge, Garoth, district Mandsaur.

2. This petition is filed on the ground that petitioner has no source of Signature Not Verified Signed by: REENA JOSEPH Signing time: 19-03-2024 16:41:57 2 income and she has three years old daughter and totally dependent upon her father for her livelihood. It is further submitted that the distance between Mandsaur to Shyamgarh is 90 kms. and it is very difficult for her to travel with her three years old daughter to attend the Court proceedings. It is also submitted that case under Section 125 Cr.P.C. and Section 12 of the Domestic Violence Act is pending at Garoth Court. On above grounds, it is prayed that RCSHM No.331/2022 pending before Principal Judge, Family Court, Mandsaur be transferred to the Court of learned Additional District Judge, Garoth, district Mandsaur.

3. Per contra, learned counsel for the respondent opposes the petition and prays for its dismissal.

4. The Apex Court in the case of Sunita Singh Vs. Kumar Sanjay and another reported in (2001) 10 SCC 41 has held that in a husband's suit against wife for divorce, the convenience of the wife must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute. Similar observation was made by the Supreme Court in the case of Rajani Kishor Pardeshi v. Kishor Babulal Pradeshi (2005) 12 SCC 237.

5. Considering the facts and circumstances of the case and after taking into consideration the aforesaid judgments, the present petition is allowed and RCSHM No.331/2022 pending before Principal Judge, Family Court, Mandsaur is transferred to the Court of learned Additional District Judge, Garoth, district Mandsaur.

6. Parties are directed to appear before the Additional District Judge, Garoth, district Mandsaur on 01.04.2024.

MCC stands disposed off.

(HIRDESH) JUDGE RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 19-03-2024 16:41:57