Smt. Manjari Dixit vs Abhishek Dixit
2022 Latest Caselaw 9974 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                           ON THE 20th OF JULY, 2022

                      MISC. CIVIL CASE No. 849 of 2021

          Between:-
          SMT. MANJARI DIXIT S/O ABHISHEK DIXIT,
          AGED 30 YEARS, OCCUPATION: GOVT. DOCTOR,
          R/O WARD NO 22 CHATURVEDI NAGAR, POLICE
          STATION- CITY KOTWALI, DISTRICT- BHIND AT
          PRESENT MILITRY HOSPITAL MORAR CANTT,
          DISTRICT- GWALIOR (MADHYA PRADESH)

                                                               .....PETITIONER
          (BY SHRI MANISH KUMAR NAYAK- ADVOCATE)

          AND

          ABHISHEK DIXIT S/O UDAYNARAYAN DIXIT,
          AGED 35 YEARS, OCCUPATION: GOVT. DOCTER,
          R/O M 224 MADHAV NAGAR, JHANSI ROAD,
          DISTRICT- GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENTS
          (BY SHRI PAVAN KUMAR VIJAYWARGIYA - ADVOCATE)


      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

The present application has been preferred by the petitioner under Section 24 of the Code of Civil Procedure, 1908 for transfer of the matrimonial Case bearing No.85/2018 HMA pending before the Family Court, Bhind seeking divorce at the behest of the petitioner/wife to the Family Court, Gwalior (M.P.).

The principal ground raised by learned counsel for the petitioner, seeking transfer of the matter from Family Court Bhind to Gwalior is that the

petitioner/wife is the doctor and she is posted at Military Hospital, Morar, Gwalior (M.P.), has preferred the case at Family Court, Bhind seeking divorce under Section 13(1) and Section 27 of Hindu Marriage Act. It is further submitted that petitioner being doctor is not able to get leave time and again, therefore, she is unable to appear before the Court at Bhind. Therefore, the case pending at Bhind (M.P.) deserves to be transferred to Gwalior (M.P.).

It is further submitted that in the matter of transfer of case, convenience of wife should be paramount consideration. Reliance has been placed over the judgments of this Court in the matter of Vandana Vs. Angad Singh Jadav, 2006 (1) MPLJ 463, Smita Jain Vs. Anil Kumar Jain, 2012 (3) MPLJ

467, Smt. Shailey Madne Vs. Pankaj Kumar Madne, 2012 (4) MPHT 521 and Jyoti Bangde (Smt.) Vs. Sanjay Bangde, ILR (2010) MP 2425 wherein this Court has held that convenience of wife should be preferred while considering the question of transfer of case. It is also settled principle of the law that in the matter of difficulties and convenience, the woman requires more consideration in comparison of man.

Combating the submissions made on behalf of petitioner, learned counsel for the respondent submits that without any sufficient cause or reason, the petitioner/wife has deserted the respondent/husband. It is further submitted that Bhind is very well connected with Gwalior, therefore, petitioner has no ground to get the case transferred at Gwalior. More so, respondent undertakes to reimburse the amount of traveling to the petitioner. In support of his contention, counsel for the respondent placed reliance on the decision of the Hon'ble Supreme Court in the matter of Smt. Sujata Mohanty Vs. Rundra Charan Mohanty, AIR 2007 (NOC) 2125 (ORI.). Thus, prayed for dismissal of this petition.

Heard.

It appears that the petitioner would suffer inconvenience and at times mental harassment if she will have to attend the Court proceedings at Bhind because she is residing at Gwalior. In the family of petitioner there is no young person who can accompany her to undertake traveling of Bhind, therefore, definitely she would have suffered in traveling to Bhind. Thus, in the fitness of things, the Court at Gwalior would be appropriate for both the parties. On this ground also, petition deserves to be allowed.

This Court in the matter of Jyoti Bangde (Smt.) (supra) has given direction for consideration of the convenience of the wife. Being woman she requires more consideration as compared to man. Therefore, relying upon the judgment rendered in the matter of Jyoti Bangde (Smt.) (supra) as well as fact situation of the case, case bearing No.85/2018 HMA pending before Principal Judge, Family Court, Bhind (M.P.) is transferred to Family Court, Gwalior (M.P.). The Principal Judge, Family Court Bhind (M.P.) is directed to remit the record of the case to the concerned Family Court, Gwalior (M.P.) with a direction to the Family Court, Gwalior (M.P.) to intimate the date of appearance to the parties in accordance with law.

Resultantly, the petition stands allowed.

(DEEPAK KUMAR AGARWAL) JUDGE rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde 4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB 9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.07.22 12:07:13 +05'30'