Ruchy Sathe vs Shri Pranav Sathe
2022 Latest Caselaw 7207 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                               BEFORE
              HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                           ON THE 12th OF MAY, 2022

                  MISC. CIVIL CASE No. 1311 of 2020

        Between:-
        RUCHY SATHE W/O SHRI PRANAV SATHE ,
        AGED ABOUT 32 YEARS, D-145 PATEL NAGAR
        GWALIOR (MADHYA PRADESH)

                                                                    .....PETITIONER
        (BY MR. DHRUV VERMA, LEARNED COUNSEL FOR THE
        PETITIONER )

        AND

        SHRI PRANAV SATHE S/O SHRI KISHNA SATHE
        FLAT NO. 703 LOTUS PHASE-I NEAR GUJRATI
        COLONY BHOPAL (MADHYA PRADESH)

                                                               .....RESPONDENT
        (BY MS. CHANDRAKANTA PAL, LEARNED COUNSEL FOR THE
        RESPONDENT)

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

With the consent of counsel for the parties, heard finally.

This petition under Section 24 of the Code of Civil Procedure has been filed by the wife/petitioner for transfer of R.C.S H.M. Case No.362/2020 filed by the non-applicant/husband under Section 13 of Hindu Marriage Act, 1955 from the Court of Second Additional Principal Judge, Family Court Bhopal, District-Bhopal (M.P.) to Family Court Gwalior, District-Gwalior (M.P.).

Brief facts of the case which are relevant for disposal of this petition are that non-applicant/husband filed an application under Section 13 o f Hindu

Marriage Act, 1955 for getting divorce from the petitioner before the Second Additional Principal Judge, Family Court Bhopal, District-Bhopal (M.P.) which was registered as R.C.S H.M. Case No.362/2020.

Learned counsel for the petitioner submits that the petitioner is a lady and there is no other person to assist her to attend the Court at Bhopal (M.P.) so it is very difficult for her to appear before the Second Additional Principal Judge, Family Court Bhopal, District-Bhopal (M.P.) and defend the case properly. So in the interest of justice RCS H.M. Case No.362/2020 pending before the Second Additional Principal Judge, Family Court Bhopal, District-Bhopal (M.P.) be transferred to Family Court Gwalior, District-Gwalior (M.P.). In this

regard, learned counsel for the petitioner also placed reliance on the judgment passed by the Apex Court in the case of Sumita Singh vs. Kumar Sanjay and another reported in 2001 AIR SCW 5193 (1).

Learned counsel for the non-applicant has vehemently opposed the prayer and submits that if the case would be transferred then, he would face unnecessary harassment and hence, prayed for dismissal of the application for transfer of the case.

T his Court has gone through the record as well as the arguments advanced by the counsel for the parties. In a case wherein husband files matrimonial proceedings at a place where wife does not reside, the convenience o f wife must be looked at as held by the Apex Court in the case of Sumita Singh vs. Kumar Sanjay and another (supra). It appears from the record that the applicant is a lady and she is residing at Gwalior which is about 428.7 km away from Bhopal, therefore, it would be difficult for her to attend the Court proceedings, which is pending before the Second Additional Principal Judge, Family Court Bhopal, District-Bhopal (M.P.)

Looking to the aforesaid facts and circumstances of the case coupled with the observation made by the Apex Court in the case of Sumita Singh vs. Kumar Sanjay and another (supra), the present petition stands allowed and the learned Second Additional Principal Judge, Family Court Bhopal, District- Bhopal (M.P.) is directed to send the record of RCS H.M. Case No.362/2020 filed by non-applicant/husband to the Family Court Gwalior, District-Gwalior (M.P.) within a period of 15 days from the date of receiving the certified copy of this order. Parties are also directed to appear before the Family Court Gwalior, District-Gwalior (M.P.) on 25.07.2022.

A copy of this order be sent to the Second Additional Principal Judge, Family Court Bhopal, District-Bhopal (M.P.) and the Family Court Gwalior, District-Gwalior (M.P.) for compliance.

With the aforesaid observations, MCC stands disposed of. C.C. as per rules.

(ARUN KUMAR SHARMA) JUDGE julie

Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2022.05.13 17:01:39 IST