Smt. Kamini vs Aniruddha
2022 Latest Caselaw 2059 MP

                                                                    1
                                      IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE PRANAY VERMA
                                                         ON THE 15th OF FEBRUARY, 2022

                                                       MISC. CIVIL CASE No. 62 of 2021

                                         Between:-
                                         SMT. KAMINI W/O ANIRUDDHA PUSHKAR, AGED
                                         ABOUT 33 YEARS, OCCUPATION: HOUSEWIFE C/O
                                         SHRI NILESH INDORE, 133, AMBEDKAR NAGAR,
                                         L.I.G. CHOURAHA, INDORE (MADHYA PRADESH)

                                                                                                    .....APPLICANT
                                         (BY MS. NEETU POKHARANA, ADVOCATE)

                                         AND

                                         ANIRUDDHA S/O SHRI BRIJBIHARILAL PUSHKAR,
                                         AGED ABOUT 36 YEARS, OCCUPATION: GOVT.
                                         SERVICE, R/O B-1, FOREST COMPOUND, SAGOD
                                         ROAD, RATLAM (MADHYA PRADESH)

                                                                                                  .....RESPONDENT
                                         (BY SHRI NARENDRA SISODIYA, ADVOCATE )

                                      This application coming on for admission this day, the Court passed the
                                following:
                                                                     ORDER

With consent heard finally.

This application under Section 24 of the Code of Civil Procedure has been filed by the applicant/wife for transfer of Hindu Marriage Act Case No.238-A/2019 filed by the non-applicant/husband before Family Court at Ratlam to Family Court at Indore.

02. It is submitted on behalf of the applicant that the parties were married on 19.04.2016 at Ratlam according to Hindu Rites and Ceremonies. They resided together for four months after which they have been residing separately. The father of the applicant has expired and her mother is also quite old and is residing at Khandwa. The applicant is residing at Indore along with her brother. The non- applicant has filed a petition under Section 13 of the Hindu Marriage Act, 1955 at Family Court Ratlam for dissolution of marriage between the parties by grant of a decree for divorce.

Signature Not Verified SAN

03. The applicant has filed an application before the Court at Indore for Digitally signed by JYOTI CHOURASIA Date: 2022.02.18 16:05:31 IST grant of maintenance to her bearing Case No.1106 of 2016. She had also filed an

application under Section 9 of the Hindu Marriage Act at Indore which has been decreed by judgment dated 24.09.2019. The non-applicant had also filed such an application at Ratlam which was withdrawn by him on 26.04.2017. It is submitted that in proceedings under Section 125 of the Cr.P.C., the non- applicant had

appeared on 17.05.2019 and had stated that he wishes to take the applicant with him. The applicant agreed and boarded the train for going with him. The non- applicant however disappeared and could not be traceable despite repeated efforts. When the train reached near Ratlam, the non-applicant and his sister assaulted the applicant and she somehow saved herself. On reaching Ratlam station, report was lodged by applicant against non-applicant. On coming back the applicant has instituted criminal proceedings against non-applicant at Indore which are pending.

04. It is submitted on behalf of the applicant that she is residing at Indore and since non-applicant had beaten her in past and attempted to kill her it would not be safe for her to travel alone from Indore to Ratlam for attending the hearing of the case. She apprehends that any untoward incident may happen to her. She is dependent upon her brother hence it is not possible for her to travel to Ratlam hence the case filed by non-applicant at Ratlam deserves to be transferred to Indore.

05. Learned counsel for the non-applicant has orally opposed the application and has submitted that all the allegations as have been levelled by the applicant in this application are false and frivolous. The documents filed along with the application are wholly insufficient for proving the allegations of the applicant. No case has been made out for transfer of the case from Ratlam to Indore.

06. I have heard the learned counsel for the parties and have perused the application and documents filed along with it. The facts stated in the application are supported by affidavit of the applicant. No reply or counter affidavit has been filed by the non-applicant. The applicant is living at Indore along with her brother. Her father has passed away and her mother is residing at Khandwa. The applicant has expressed reasonable apprehension for her safety in case of her travelling from Signature Not Verified SAN Indore to Ratlam for attending the hearing of the case. Two cases between the Digitally signed by JYOTI CHOURASIA parties are already pending at Indore, hence in my opinion, case has been made out Date: 2022.02.18 16:05:31 IST

for transfer of the case from Ratlam to Indore.

07. Consequently, the application is allowed and Hindu Marriage Act Case No. 238-A/2019 pending before the Principal Judge, Family Court, District Ratlam is transferred to the file of the Principal Judge, Family Court, District Indore for adjudication in accordance with law.

(PRANAY VERMA) JUDGE jyoti

Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2022.02.18 16:05:31 IST