Madhya Pradesh High Court
Dr Tripti Singh W/O Shri Mejor ... vs Aditya Singh Sengar on 10 June, 2021
Author: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
MCRC-4723-2021
(DR TRIPTI SINGH W/O SHRI MEJOR ADITYA SINGH SENGAR Vs ADITYA SINGH SENGAR)
Gwalior, Dated : 10.06.2021
Heard through video conferencing.
Shri Prem Singh Bhadoriya, learned counsel for the petitioner.
Shri A.S. Bhadoriya, learned counsel for the respondent.
With consent, heard finally.
Heard on I.A. No. 17433/2021, an application for amendment in
the present petition.
For the reasons mentioned therein, accordingly, the same is
hereby allowed.
Let necessary amendment be carried out during course of day.
This petition has been filed under Section 24 of the Code of
Civil Procedure by wife/petitioner for transfer of Case No. 927-A/2020
(HMA) pending in the Court of Principal Judge, Gwalior, (M.P.) to the
Family Court, Bhopal (M.P.)
The contention of the petitioner is that she is a legally married
wife of the respondent. It is submitted that a matrimonial dispute arose
between the parties with effect from 23/03/2019 and the petitioner is
living with her parents at Bhopal. She has also lodged the complaint in
the Women's Police Station, Bhopal for offences punishable under
Sections 498-A, 406, 506 and 34 of IPC and Section 3/4 of Dowry
Prohibition Act, in which the respondent has already been bailed out in
the matter and the matter is pending before the JMFC, Bhopal.
HIGH COURT OF MADHYA PRADESH
MCRC-4723-2021
(DR TRIPTI SINGH W/O SHRI MEJOR ADITYA SINGH SENGAR Vs ADITYA SINGH SENGAR)
Secondly, an application under Section 12 of Protection of Women
from Domestic Violence Act, which is also pending before the court of
JMFC, Bhopal and the respondent was giving his appearance before
the Court of Bhopal as and when the trial was fixed the date. It is
submitted that she is working as Doctor at Government Hospital and
she is continuing taken care of patients during second phase of
COVID-19. The respondent has filed an application under Section
13(ka) of the Hindu Marriage Act before the Principal Judge, Gwalior
which is pending. The reason/ ground assigned by the petitioner for
transfer of the case is that the distance from Bhopal to Gwalior is about
450 Kms and she is unable to attend the dates fixed by the court for
hearing regularly due to her work of nature which is causing great
hardship to her. In these circumstances, this petition has been filed. He
has relied upon the judgment rendered by the Hon'ble Supreme Court
in the case of Sumita Singh Vs. Sanjay Singh and another reported
in 2001 (10) SCC 41, whereby the Hon'ble Supreme court has held that
in matrimonial cases the convenience of the wife would be a
paramount consideration and application filed by the wife for transfer
of case should be dealt with liberally and convenience of wife must be
looked into by the Court while exercising power to transfer the case
under Section 24 of the Court. Therefore, she prays for allowing the
petition and Case No. 927-A/2020 (HMA) pending before learned
HIGH COURT OF MADHYA PRADESH
MCRC-4723-2021
(DR TRIPTI SINGH W/O SHRI MEJOR ADITYA SINGH SENGAR Vs ADITYA SINGH SENGAR)
Family Court, Gwalior may be transferred to Principal Judge, Bhopal.
The learned counsel for the respondent has refuted the
contention of the petitioner and submits that no case of transfer is made
out. He further submits that the petitioner is highly educated and
serving in Government Hospital as a Doctor and is in a position to
come at Gwalior to attend the hearing of the case. Even otherwise,
Gwalior is not far away from Bhopal. The respondent is ready to pay
reasonable conveyance charges to the petitioner alongwith one
attendant. Therefore no case is made out for transfer of the case from
the court at Gwalior to Family Court, Bhopal (M.P.).
Heard learned counsel for parties and perused the documents.
The question which arose for consideration in this petition is
whether on the ground of convenience of the wife/petitioner and in the
facts and circumstances of the case, same can be transferred from the
Court at Gwalior to Family Court, Bhopal ?
It is seen from the record that an application under Section
13(ka) of Hindu Marriage Act for divorce has been filed by the
husband/respondent at Family Court Gwalior, whereas, wife is residing
at Bhopal, which is about 450 KM from Gwalior. She has shown her
personal inconvenience because of her job nature, whereas, husband
being Government servant and he can very well travel up at Bhopal for
attending the Court's proceedings. It is further argued that husband is
HIGH COURT OF MADHYA PRADESH
MCRC-4723-2021
(DR TRIPTI SINGH W/O SHRI MEJOR ADITYA SINGH SENGAR Vs ADITYA SINGH SENGAR)
attending the proceeding under Section 12 of Protection of Women
from Domestic Violence Act as well as proceedings under Section 498-
A of IPC which are pending before J.M.FC, Bhopal, therefore, he can
very well attend the proceedings of the case filed by him under Section
13 (ka) of Hindu Marriage Act. Even otherwise, application under
Section 13(ka) of Hindu Marriage Act, has been filed by the husband,
but as per the law laid down by the Hon'ble Supreme Court in the case
of Sunita Singh (Supra), wherein in similar circumstance, the Hon'ble
Court after considering the convenience of wife, has allowed the
application for transfer of case.
Considering the aforesaid aspect of the case, the petition is
allowed and the Case No. 927-A/2020 pending before Family Court,
Gwalior is directed to be transferred to Principal Judge, Bhopal in the
interest of justice. Parties are directed to make their presence at
Principal Judge, Bhopal on 05.07.2021, in Case No.927-A/2020
(HMA) and on subsequent dates as may be fixed by the Family Court.
With the aforesaid observations, the petition is hereby allowed.
(Vishal Mishra)
LJ*/- Judge
LOKENDRA JAIN
2021.06.14
15:51:32 -07'00'
