Smt.Pawan Rekha @ Hiral vs Ramkrishna Pawar
2021 Latest Caselaw 8221 MP

                                                           1                           MCC-1869-2019
                              The High Court Of Madhya Pradesh
                                       MCC No. 1869 of 2019
                                       (SMT.PAWAN REKHA @ HIRAL Vs RAMKRISHNA PAWAR)


                      Jabalpur, Dated : 04-12-2021
                            Shri Devashish Sakalkar, learned counsel for the petitioner.

                            Shri Sheshraj Kushwaha, learned counsel for the respondent.

Heard.

This petition under Section 24 of the Code of Civil Procedure has been filed by the appellant/wife seeking transfer of RCM No.260A/2018 (Ram

Krishna Vs. Pawan Rekha @ Hiral) pending before the Family Court, Chhindwara to Family Court, Jabalpur.

According to her, the said case is filed by the respondent/husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The petitioner states that the proceedings under Section 125 of the Cr.P.C. for grant of maintenance have been initiated at her instance before the Court of Principal Judge, Family Court, Jabalpur, which is registered as MJC No.285/2019.

Learned counsel for petitioner has placed reliance upon the judgment

of the Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and another reported in (2001) 10 SCC 41.

Learned counsel appearing for the respondent opposed the prayer and states that husband and wife, both are Government servants and, therefore, the wife is fully capable of attending the hearing of the case at Chhindwara and the case under Section 9 of the Hindu Marriage Act was first in order and hence, the same is not required to be transferred at Jabalpur.

Having considered the over all facts and circumstances of the case and after perusal of the record, it is directed that the case RCM No.260A/2018 (Ram Krishna Vs. Pawan Rekha @ Hiral) pending before the Family Court, Chhindwara be transferred to the Family Court, Jabalpur.

With the aforesaid directions, the present MCC stands disposed of. Signature SAN Verified Not Certified copy as per rules. Digitally signed by PUSHPENDRA PATEL Date: 2021.12.06 11:16:32 IST 2 MCC-1869-2019 (PURUSHAINDRA KUMAR KAURAV) JUDGE pp

Signature SAN Not Verified

Digitally signed by PUSHPENDRA PATEL Date: 2021.12.06 11:16:32 IST