Madhya Pradesh High Court
Smt. Chanda Ahriwar vs Hariram Ahirwar on 9 September, 2021
Author: Vishal Mishra
1
The High Court Of Madhya Pradesh
M.C.C.No.848 of 2019
( Smt. Chanda Ahirwar Vs.Hariram Ahirwar)
Jabalpur, Dated :09.09.2021
Shri S.K. Jaiswal, learned counsel for the applicant.
None for the respondent despite service.
This MCC has been filed on behalf of the applicant wife under
Section 24 of the Code of Civil Procedure for transfer of R.C.S. H.M.
case No.0000033/2019 from the Court of Principal Judge, Family Court
Tikamgarh to the competent Court of Additional District Judge,
Banda,District-Sagar.
The applicant got married with the respondent on 21.04.2015
according to the Hindu customs and rituals and resided there in her
matrimonial house for 8 to 10 days. When there was harassment with
respect to demand of dowry, a written complaint was made to the police
authorities on 29.06.2018 at Chauki Heerapur, P.S. Sagar, District Sagar.
Thereafter the applicant on 14.08.2018 made a report under Section 155
Cr.P.C. against the respondent and his family in P.S.Shahgarh District
Sagar. Another application was filed under Section 12 of the Protection of
Women from Domestic Violence Act, 2005 on 19.09.2018 which is
pending consideration before the Court, JMFC Banda, seeking protection
under Section 18 of the Act and also an application filed for seeking
direction under Section 19, 20, and 21 of the Act, 2005. Another
application is being filed under Section 125 of Cr.P.C. which is pending
consideration before JMFC, Banda. It is submitted that all the proceedings
are pending consideration at Banda, therefore a prayer is made to transfer
the pending case filed by the respondents before the Family Court,
Teekamgarh to the competent Court at Banda District Sagar, as the
respondent is already marking his presence before the appropriate
forum/Courts at Banda.
Learned counsel for the applicant has relied upon the judgment
passed by the co-ordinate Bench of this Court in the case of Smt. Seema
Vs. Chhatrapal, reported in 2004 (4) MPHT 332 wherein in similar
circumstances, the case has been transferred.
The Hon'ble Supreme Court in its various judgments has
considered this issue which are Sumita Singh Vs. Kumar Sanjay, AIR
2002 SC 396, Seema V. Rakesh Kumar (2000) 9 SCC 271, Archana
Singh Vs. Alok Pratap Singh, (2000) 3 SCC 744, Theja V. Nagarjun
Vs.Nagarjuna, (2000) 9 SCC 543, Lalita A.Ranga Vs. Ajay Champalal
Ranga, (2000) 9 SCC 355.
Heard the learned counsel for the applicant and perused the record.
From the perusal of the record, it is seen that all the proceedings
except one initiated by the husband are pending consideration at Banda
and in view of the settled legal proposition by the Supreme Court in large
number of cases and also the difficulties which has been faced by the
petitioner in going to Family Court, Teekamgarh to attend the
proceedings, this Court deems it appropriate to transfer the case RCS HM
Case No.33/2019 pending before the Court of Principal Judge, Family
Court Tikamgarh to the Competent Court of Additional District Judge,
Banda, District - Sagar.
Accordingly, this MCC stands disposed of.
A copy of the order be sent to the Court of Principal Judge, Family
Court Tikamgarh and also to the Competent Court of Additional District
Judge, Banda, District-Sagar for information and necessary compliance.
Cc as per rules.
(Vishal Mishra)
Judge
AM.
Digitally signed by
ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2021.09.15 18:27:49
+05'30'
