Madhya Pradesh High Court
Shatakshi Dubey vs Amit Dubey on 21 June, 2022
Author: Atul Sreedharan
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MCC No. 1251 of 2022
(SHATAKSHI DUBEY Vs AMIT DUBEY)
Dated : 21-06-2022
Mr. Manish Kumar Verma, learned counsel for the applicant.
The present petition has been filed under Section 24 of the Code of Civil
Procedure for transfer of the case bearing No. RCS HM/84/2020 pending
before the Court of Principal Judge, Family Court, District Vidisha to the Court
of Principal Judge, Family Court, District Betul. The case which is sought to be
transferred is pending before the District Court Vidisha which comes under the
jurisdiction of Gwalior Bench. A Co-ordinate Bench of this Court, in Shailey
Vs. Pankaj Kumar Madne reported in (2012) 4 M.P.L.J. 635 , held that the
Family Court which comes under the jurisdiction of a particular Bench from
where the case is sought to be transferred, will have the jurisdiction to hear and
decide the transfer petition.
In this case, the petitioner is a resident of Betul while her husband, the
respondent herein is presently residing at Vidisha. He has filed RCS
HM/84/2020 under Section 13 of the Hindu Marriage Act for divorce before the
Family Court at Vidisha. Learned counsel for the petitioner submits that the
petitioner has filed a case against the respondent under Section 125 of Cr.P.C.
for maintenance and also a case under the Domestic Violence Act against the
respondent. The petitioner has prayed that the aforesaid case filed by the
husband at Vidisha be transferred to Jabalpur. The judgment of the Co-ordinate
Bench in Shailey Vs. Pankaj Kumar Madne (Supra) has settled this issue.
Signature Not Verified
SAN In that case, the petitioner-wife had prayed for transfer of the divorce case filed
Digitally signed by VIKRAM SINGH
Date: 2022.06.23 10:59:50 IST by the respondent-husband from the Family Court at Bhopal to the Family
Court at Gwalior. The petition was filed before the Bench at Gwalior, in which
the aforesaid judgment came to be passed. After taking into consideration the
provisions of Section 23 and 24 of the Civil Procedure Code and Clause 4 of
Chapter 3 of the High Court of Madhya Pradesh Rules, 2008 which reads as
under :-
" Where a bench, in the Principal Seat at Jabalpur of the Benches
at Indore or Gwalior, on an objection taken by the Registry or
otherwise, is of the opinion that a main case posted before it, had
arisen from a revenue district falling within the territorial jurisdiction
of some other Bench or the Principal Seat, it may record its
opinion and return the main case for its presentation at proper
place for orders, after retaining one complete set of the main case."
Learned Single Judge arrived at an opinion that in such a case it would
be the Bench under whose territorial jurisdiction the Court where the case is
sought to be transferred from is situated, that would have the competence to
hear the transfer petition. Thus, in that case, the petitioner therein was granted
liberty to withdraw the case and file afresh before the Principal Bench at
Jabalpur as per Clause 4 of Chapter 3 of the High Court of Madhya Pradesh
Rules, 2008. As the issue is no longer res integra, this Court is of the opinion
that the appropriate Bench to hear and decide this case is the Bench at
Gwalior.
At this juncture, learned counsel for the petitioner has prayed that strict
adherence to Clause 4 may be relaxed in this case as the petitioner is a lady
with limited resources and is unemployed and it would cause great hardship to
her if she has to withdraw this petition and refile the same at Gwalior and
instead has prayed that the petition itself be transferred by way of an order
Signature Not Verified
SAN
passed by this Court to the Gwalior Bench. The prayer is reasonable. Rules and
procedures are hand-maidens to secure justice and wherever its strict
Digitally signed by VIKRAM SINGH
Date: 2022.06.23 10:59:50 IST
enforcement is seen to cause oppressiveness to any of the parties without
reasonable cause, the same may be relaxed. In this case, the petitioner is a lady,
who is unemployed, which itself goes to reflect that it would cause hardship to
her it she has to withdraw the case and approach a lawyer to refile the same at
Gwalior. Under these circumstances, office is requested to transfer this petition
to the Gwalior Bench.
The Court records its appreciation for the assistance of Advocate Mr.
Raghvendra Singh Raghuwanshi for having placed before this Court, the
judgment passed by the Co-ordinate Bench, reported herein above.
C.C. As per rules.
(ATUL SREEDHARAN)
JUDGE
Vikram
Signature Not Verified
SAN
Digitally signed by VIKRAM SINGH
Date: 2022.06.23 10:59:50 IST
