Madhya Pradesh High Court
Sonu vs Jitendra on 29 April, 2022
Author: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 29th OF APRIL, 2022
MISC. CIVIL CASE No. 1583 of 2021
Between:-
SONU W/O JITENDRA NAGAR D/O NIHAL SINGH,
AGED ABOUT 30 YEARS, OCCUPATION:
HOUSEWIFE, VILLAGE BANGRED, POST
BADNAGAR, DISTRICT UJJAIN (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI SAMEER ATHAWALE, ADVOCATE)
AND
JITENDRA S/O PHOOLSINGH NAGAR , AGED
ABOUT 33 YEARS, OCCUPATION: DRIVER
MANAWAR, DISTT.-DHAR, PRESENT-VILLAGE
CHHORI SAGOR, TEHSIL PITHAMPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SYED ASIF ALI, ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
1. This petition under Section 24 of the Code of Civil Procedure 1908 has
been filed for transfer of matrimonial Case No.30/2020 pending before the
Principal Judge, Family Court, District Dhar. The application has been filed by the
wife for transfer on the ground of inconvenience to attend the proceedings from
village Bangred, District Ujjain to Dhar.
2. As per the applicant, she was married to the non-applicant on 14.02.2010
according to Hindu rights and ceremonies. From out of the wedlock one daughter
aged about 7 years was born to the applicant who is residing with her mother i.e.
the applicant. Parties have been living separately since September, 2018 and the
applicant is living at her parent's house in Bangred, District Ujjain. In March, 2020
the non-applicant/husband filed a petition under Section 13 of the Hindu Marriage
Signature Not Verified
SAN Act, 1955 before the Family Court at Dhar for grant of a decree of divorce. In
Digitally signed by NEERAJ
SARVATE December, 2020 the applicant has filed an application under Section 125 of
Date: 2022.05.04 11:36:13 IST
Cr.P.C. before Judicial Magistrate First Class, Badnagar, District Ujjain.
3. It is contended by the applicant that she is living at her parent's house at
Village Bangred, District Ujjain. Her father is an agriculturist and she is a house
wife. The distance from Bangred to Dhar is about 90 Kms. for which the applicant
shall have to first go to Badnagar and then to Dhar by bus. She shall have to leave
her minor daughter for attending the hearing of the case which shall prove very
inconvenient and difficult for her. The applicant has no source of income and the
journey would prove very costly for her. It shall be far more convenient for the
non-applicant to attend the hearing of the case at Badnagar. On such grounds
prayer for transfer of the case has been made.
4. Per contra, it is submitted on behalf of the non-applicant that the applicant is
living away from him without any sufficient reason. He had earlier filed a petition
for restitution of conjugal rights in which a compromise had taken place on
12.05.2016 and the parties started residing together thereafter but the applicant
again went to her parents house on her own choice. The applicant is already
contesting a case of maintenance at Badnagar where she is regularly traveling to
attend the Court proceedings, hence she can very well come to Dhar for attending
the hearing of the present case in which her presence is required only for recording
of her statement and she shall not have to come on each and every date of hearing.
The non-applicant is ready to bear expenses of the applicant for attending the
hearing at Dhar. It is hence submitted that no ground for transfer has been made
out.
5. Having considered the rival submissions put forth by the learned counsel for
the parties, I am of the view that the applicant has made out a case for transfer.
The applicant is having a female child aged about 7 years. The distance from
Bangred to Dhar is about 90 Kms. The applicant has already filed a case for
maintenance at Badnagar, District Ujjain which the non-applicant is already
attending. For traveling to Dhar the applicant would be required to leave her minor
daughter at home. The applicant has not been shown to be having any income nor
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has she been provided for any maintenance by the non-applicant. The journey
SAN
Digitally signed by NEERAJ
from Bangred to District Dhar would prove very inconvenient and troublesome for
SARVATE
Date: 2022.05.04 11:36:13 IST
the applicant hence the offer of the non-applicant of paying the expenses for each
date of hearing cannot be said to be adequate substitute for the inconvenience of
the applicant.
6. The convenience of a party in a matrimonial matter is considered to be important
and relevant factor for transfer of the petition especially when it is filed at the
instance of the wife. This view also finds support from the judgment passed by the
Apex Court in the case of Kulwinder Kaur vs. Kandi Friends Education
Trust, (2008) 3 SCC 659 and in the case of Tejalben vs. Mihirbhai
Bharatbhai Kothari, AIR 2016 SC 718, where the Apex Court transferred the
matrimonial matter from Rajkot to Jamnagar on the ground that the parties were
participating in the other proceedings at Jamnagar. This view has been reiterated by
this Court in the cases of Jyoti Bangde vs. Sanjay Bangde, 2010 (4) MPLJ
391, Rajkumar s/o Gopilal vs. Saroj w/o Rajkumar, 2010 (2) MPLJ 256 and
Rekha (Smt.) @ Richa Dewani vs. Kailash Dewani, I.L.R. (2010) M.P. 1680
that the convenience of wife is a relevant consideration for transfer of a matrimonial
matter.
7. In view of the aforesaid, the present application is allowed and the matrimonial
case bearing HMA No.30/2020 pending before Principal Judge, Family Court,
Dhar is transferred to the Court of Additional District Badnagar, District Ujjain for
decision in accordance with law. The Court at Badnagar shall ensure that both the
cases pending between the parties are fixed for the same day for avoiding any
inconvenience to them.
8. No orders as to costs.
(PRANAY VERMA)
JUDGE
ns
Signature Not Verified
SAN
Digitally signed by NEERAJ
SARVATE
Date: 2022.05.04 11:36:13 IST
