Smt. Saba Khan vs Aameen Khan
2023 Latest Caselaw 12585 MP

                                                            1
                          IN      THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 4 th OF AUGUST, 2023
                                             MISC. CIVIL CASE No. 615 of 2020

                         BETWEEN:-
                         SMT. SABA KHAN W/O AAMEEN KHAN, AGED ABOUT 21
                         YEARS, OCCUPATION: HOUSE WIFE R/O GALI NO. 7
                         TOWER COLONY PIPARIYA DISTT. HOSHANGABAD
                         (MADHYA PRADESH)

                                                                                          .....APPLICANT
                         (BY MS. SHRADDHA TIWARI - ADVOCATE )

                         AND
                         AAMEEN KHAN S/O USMAN KHAN, AGED ABOUT 23
                         Y E A R S , R/O MADFAIYA SUBHASH     NAGAR
                         DHANWANTARI NAGAR TEH. AND DISTT. JABALPUR
                         (MADHYA PRADESH)

                                                                                        .....RESPONDENT


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

The present petition has been filed by the wife/applicant under section 24 of the Code of Civil Procedure, who has prayed for the transfer of the petition bearing Case No.RCS 121/2019 filed by respondent/husband u/s Section 2 of Muslim Marriage Act from the Family Court, Jabalpur to the Family Court, Pipariya, District Hoshangabad.

2. Learned counsel for the applicant submits that the applicant is having a baby girl, aged about 4 years and she is facing difficulty in participation of the proceedings pending in the Court of Principal Judge, Family Court, Jabalpur, Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/7/2023 9:53:09 AM

therefore, as per convenience of the wife, who is residing at Pipariya District Hoshangabad, RCS 121/2019 filed by husband under Section 2 of the Muslim Marriage Act, deserves to be transferred from the Court of Principal Judge, Family Court, Jabalpur to Family Court, Pipariya, Distt. Hoshangabad. In support of her submissions, learned counsel appearing for the applicant placed reliance on the decision of Supreme Court in the case of Sumita Singh v. Kumar Sanjay and Anr. (2001) 10 SCC 41.

3. Considering the submissions of learned counsel for the applicant, and in the light of aforesaid judgment of Supreme Court in the case of Sumita Singh (supra) and taking into consideration the convenience of wife, the case

under Section 2 of the Muslim Marriage Act filed by respondent/husband bearing RCS 121/2019 pending in the Court of Principal Judge, Family Court, Jabalpur deserves to be and is hereby directed to be transferred to Family Court, Pipariya, District Hoshangabad.

4. A copy of this order be sent to Principal Judge, Family Court, Jabalpur to be placed in the file of RCS 121/2019. A copy of this order be also sent to the Family Court, Pipariya, District Hoshangabad.

5. With the above, this application is allowed and disposed off.

6. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE anu

Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/7/2023 9:53:09 AM