Smt. Dipika Verma (Shaite) vs Harinand Verma (Shaite)
2022 Latest Caselaw 3114 MP

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       IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

                                BEFORE
                 HON'BLE SHRI JUSTICE ANIL VERMA

                      ON THE 4th OF MARCH, 2022

                    MISC. CIVIL CASE No. 903 of 2020

 Between:-
 SMT. DIPIKA VERMA (SHAITE),
 W/O SHRI HARINAND VERMA SHAITE,
 AGED ABOUT 28 YEARS,
 OCCUPATION: SERVICE,
 BHOJ MARG NEAR GUPTA FLOUR MILL,
 COLLAGE ROAD, JHABUA (MADHYA PRADESH)
                                                          .....APPLICANT
 (BY SHRI SHAILENDRA SHRIVASTAVA, ADVOCATE)

 AND

 HARINAND VERMA (SHAITE),
 S/O SHRI BISAN SINGH VERMA,
 AGED ABOUT 32 YEARS,
 OCCUPATION: SERVICE,
 150 E SECTOR PRAJAPAT NAGAR,
 INDORE (MADHYA PRADESH)
                                                        .....RESPONDENT
 (BY SHRI NILESH SHARMA, ADVOCATE )

       This MCC coming on this day, the court passed the following:

                               ORDER

With the consent of both the parties, matter is heard finally.

The applicant has filed present application under Section 24 of

the Code of Civil Procedure, 1908 (for short 'CPC') for transfer of

H.M.A.Case No.197/2019 pending before First Additional Principal

Judge, Family Court, Indore to Family Court, Jhabua.

The applicant has stated in her application that she is legally

wedded wife of the respondent and their marriage was solemnized on

24/01/2017. After some time of marriage, behaviour of the respondent

was very cruel for demand of dowry. Therefore, she is living separately

from her husband since March, 2018.

Respondent / husband has instituted a case for decree of

divorce before the I Additional Principal Judge, Family Court, Indore

and the applicant has filed an application under Section 125 of Cr.P.C.

against the respondent, which is pending before the Principal Judge,

Family Court, Jhabua.

Learned counsel for the applicant submits that the applicant is

serving in District Court, Jhabua on the post of Assistant Grade-III and

the respondent is serving in the M. P. Seed Certification Agency on the

post of Assistant Certification Officer. The applicant is residing at

Jhabua with her cousin sister. The distance between Jhabua and

Indore is about 189 Kilometers and she is unable to travel alone from

Jhabua to Indore. Therefore, applicant prays for transferring the said

case from Indore to Jhabua.

On the other hand, learned counsel for the respondent opposed

the applicant and contended that respondent is residing at Indore. The

applicant is an educated and matured lady knowing all the

proceedings of the Court as she is a employee of District Court,

Jhabua. The distance between Jhabua to Indore is about 150

kilometers. The respondent is ready to pay the travelling expenses and

it is difficult for him to attend the Court proceedings at Jhabua,

therefore, he prays for rejection of transfer application.

Arguments of both the parties are heard at length and perused

all the relevant documents by the parties.

It is an admitted position that the applicant is a legally wedded

wife of the respondent and they are living separately. Learned counsel

for the applicant contended that the Hon'ble apex Court in the case of

Sumitra Singh Vs. Kumar Sanjay and Another reported in AIR 2002

SC 396 has held that in the matrimonial proceeding initiated by the

husband against the wife, convenience of the wife must be looked at.

The circumstances indicated above are sufficient to make transfer

petition absolute.

Learned counsel for the respondent placed reliance on a

judgment delivered by the apex Court in the case of Anindita Das Vs.

Srijit Das reported in (2006) 9 SCC 197. In that case it has been held

that "it must be seen that at one stage this Court was showing leniency

to ladies. But since then it has been found that large number of

transfer petitions are filed by women by taking advantage of the

leniency shown by this Court." Therefore, it is clear that leniency is

being misused by the women and this Court is required to consider

each petition on its own merits.

In the present case, it is clear that the applicant is a Assistant

Grade-III posted in District Court, Jhabua. She is a mature lady and is

well aware of the Court proceedings. She is a self dependent lady

capable to protect her interest. She has no kid. There is no issue of

any illness or inability for travelling. The distance from Jhabua to

Indore is about 150 Kilometers, which is well connected by road,

therefore, no inconvenience would be cause to the applicant wife, if

she attend the Court proceedings before the Family Court at Indore.

She can easily travel from Jhabua to Indore.

It is also noteworthy to mention that the applicant is a Court

employee, therefore, if the trial of her case will conduct at Jhabua, it

will create some complications also. Hence, no ground for transfer is

made out.

Accordingly, transfer application preferred under Section 24 of

the CPC filed by the applicant is hereby dismissed. However, it will be

open for the applicant to claim travelling and lodging charges and

other expenses of herself as and when she attends the proceeding

before the Court at Indore and such amount will be determined by the

concerned Court in accordance with law. With the aforesaid, MCC

stands disposed of.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2022.03.05 11:29:30 -08'00'