Madhya Pradesh High Court
Smt Neha Vaishya vs Shri Mukesh Vaishya on 31 March, 2023
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 31 st OF MARCH, 2023
MISC. CIVIL CASE No. 2735 of 2018
BETWEEN:-
SMT NEHA VAISHYA W/O MUKESH VAISHYA, AGED
ABOUT 25 YEARS, OCCUPATION: HOUSE WIFE 337,
SHIVAJI NAGAR, MALVA MILL NEW GATE, (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI AISHWARYA SAHU - ADVOCATE )
AND
SHRI MUKESH VAISHYA S/O ANANDILAL VAISHYA,
AGED ABOUT 30 YEARS, OCCUPATION: CONTRACTOR
LIG 1185, PUNDIT DIN DAYAL NAGAR, MAKRONIYA,
(MADHYA PRADESH)
.....RESPONDENT
(NONE FOR THE RESPONDENT )
This application coming on for admission this day, the court passed the
following:
ORDER
This is an application filed under Section 24 of the Code of Civil Procedure [for short "the CPC"] by the applicant-wife, seeking transfer of the regular civil suit filed vide HM No.0000148/2018 [Mukesh Vaishya vs. Smt. Neha Vaishya] under Section 13 (1) of the Hindu Marriage Act, 1955 by the respondent/husband before the District Court, Sagar to Family Court, Indore.
2 . Learned counsel for applicant contends that the respondent/husband has moved an application under Section 13 (1) of Hindu Signature Not Verified Signed by: SAVITRI PATEL Signing time: 4/1/2023 2:32:11 PM 2 Marriage Act, 1955 which is registered as HM No.0000148/2018 [Mukesh Vaishya vs. Smt. Neha Vaishya] and is pending consideration before the District Judge, Sagar. It is further contended by the counsel that the respondent had also moved another application under Section 9 of Hindu Marriage Act, 1955 which has been subsequently withdrawn by the respondent/husband. It is also contended by the counsel that the father of applicant is labour and is also aged about 70 years. and the distance between Sagar and Indore is at 360 Kms., therefore, securing appearance on scheduled dates of hearing at District Court Sagar would cause immense hardship and inconvenience to the applicant-wife.
3. Learned counsel for applicant vehemently argued that the Apex Court in catena of decisions has also held that in such type of cases, convenience of the wife is paramount consideration which is required to be noticed in the cases filed under Section 24 of the Cr.P.C. Therefore, submits that the case filed by the respondent/husband be transferred to Family Court Indore.
4. Heard rival submissions advanced on behalf of the applicant and perused the records.
5. Undisputedly, the distance between Sagar and Indore is at 360 Kms. The father of the applicant is aged about 70 years and there is no male member in the family to accompany to the applicant on scheduled dates of hearing to District Court Sagar, therefore in the considered view of this Court, the same would cause inconvenience and immense hardship to the applicant.
6. This Court while dealing with identical issues in paragraph 3 in the case of Mallika Vs. Brahmbhushan 2003(5) MPHT, 1 (NOC) has held as under :-
Signature Not Verified Signed by: SAVITRI PATEL Signing time: 4/1/2023 2:32:11 PM 3"3. Considering the rival contentions by the parties, it is not in dispute that the applicant is not in employment and earning from any source. She is woman. Definitely to come at Khandwa from Ujjain is burdensome to the applicant not only financially but mentally also. She has to come all alone and has to depend upon mercy of others or has to accompany a person to attend the date of hearing. The difficulty of the applicant is apparent. To go to another city woman has to suffer various difficulties apart from the financial burden. The applicant is facing difficulty to attend the proceedings at Khandwa, it is in the interest of justice that the proceeding at Khandwa be transferred to Ujjain. Apex Court recently inthe case of Seema vs. Rakesh Kumar [(2000) 10 SCC 354] and Deepa vs. Anil Panick [(2009) 9 SCC 441] has considered the aforesaid difficulty of a wife who is facing financial burden and personal inconvenience to attend the case at a distant place. In view of the aforesaid judgements of the Apex Court, the case filed at Khandwa deserves to be transferred at Ujjain."
7. The Apex Court in paragraph 9 in the case of N.C.V. Aishwarya Vs. A.S. Saravan Karthik Sha reported in 2022 LiveLaw (SC) 627 has held as under :
"9. The cardinal principle of exercise of power under Section 24 of Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceedings. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration thee economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.
[Emphasis supplied]
8. While taking into consideration the distance between two places and also the fact that there is no male member in the family to accompany the Signature Not Verified Signed by: SAVITRI PATEL Signing time: 4/1/2023 2:32:11 PM 4 applicant/wife on the scheduled dates of hearing in the District Court, Sagar, it would be conducive to transfer HM No.0000148/2018, pending in the District Court, Sagar to Family Court, Indore.
9. Accordingly the application filed under Section 24 of the CPC is allowed and the HM No.0000148/2018 [Mukesh Vaishya vs. Smt. Neha Vaishya] pending before the District Court, Sagar is directed to be transferred to the Family Court, Indore.
10. Parties are directed to appear before the Family Court, Indore on 3rd of May, 2023.
11. With the aforesaid, MCC stands allowed.
(MANINDER S. BHATTI) JUDGE sp Signature Not Verified Signed by: SAVITRI PATEL Signing time: 4/1/2023 2:32:11 PM