Smt. Deepa Jagwani vs Richi Kumar Jagwani
2021 Latest Caselaw 6371 MP

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            THE HIGH COURT OF MADHYA PRADESH

                             MCC-2437-2018
          (Smt. Deepa Jagwani Vs. Richi Kumar Jagwani)


Jabalpur, Dated : 04.10.2021

        Heard through Video Conferencing.

        None for the petitioner, even in the second round.

        Even on 13.08.2019, no one was present to press the MCC.

        The petitioner has filed the present petition under Section 24 of

  the Civil Procedure Code seeking transfer of the application under

  Section 13 of the Hindu Marriage Act pending before the Principal

  Judge, Family Court Shahdol, District - Shahdol to Family Court

  Jabalpur, District- Jabalpur.

        Counsel for the respondent submits that the interim relief was

granted on 01.10.2018 and the further proceedings of RCSHM Case

No.32/2017 has been stayed by this Court. Since, then the proceedings

are withheld. He has no objection if the case is transferred to Family

Court, Jabalpur.

Considering the facts and circumstances of the case and also the

fact that the further proceedings of the case pending before the family

Court has already been stayed since 01.10.2018 and also the fact that

some inconveniences and hardships are being pointed out in the petition

memo, in such circumstances placing reliance upon the judgment

passed by the Hon'ble Supreme Court in the case of Kulwinder Kaur

@ Kulwinder Gurcharan Singh Vs. Kandi Friends Educational Trust, reported in (2008) 3 SCC 659, the petition is allowed.

The RCSHM Case No.32/2017 pending before the Principal

Judge, Family Court Shahdol, District - Shahdol is directed to be

transferred to the Family Court Jabalpur, District- Jabalpur. Records

of the case be sent fortwith. Parties are directed to mark presence

before the Court at Family Court Jabalpur on 28.10.2021 and on all

subsequent dates as may be fixed by the Family Court Jabalpur. As the

case is pending consideration since long, the Family Court Jabalpur is

directed to consider and decide the matter expeditiously preferably

within a period of three months from the date of receipt of certified

copy of this order. Parties are directed to cooperate with the

proceedings of the Family Court and no unnecessary adjournments

would be granted to them.

MCC stands disposed of.

(VISHAL MISHRA) JUDGE Jasleen

JASLEEN SINGH SALUJA 2021.10.05 03:33:39

-07'00'