Smt. Priyanka vs Deepak Paliwal
2023 Latest Caselaw 13961 MP

                                                               1
                           IN       THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                 ON THE 25 th OF AUGUST, 2023
                                               MISC. CIVIL CASE No. 1762 of 2022

                          BETWEEN:-
                          SMT. PRIYANKA W/O SHRI DEEPAK PALIWAL, AGED
                          ABOUT 34 YEARS, OCCUPATION: HOUSEWIFE CASTE
                          BRAMHAN C/O SURENDRA PALIWAL TEGORE WARD
                          NO. 21 INFRONT LASKARE HOSPITAL CIVIL LINE
                          BEGULGANJ DISTRICT BETUL M.P. (MADHYA
                          PRADESH)

                                                                                            .....APPLICANT
                          (BY SHRI NIYATI TIWARI-ADVOCATE AND SHRI AHMED SHAHID
                          HUSAIN-ADVOCATE)

                          AND
                          DEEPAK PALIWAL S/O SHRI MADHUSUDAN PALIWAL @
                          SHARMA, AGED ABOUT 34 YEARS, LALBARRA TEHSIL
                          LALBARRA DISTRICT BALAGHAT M.P. (MADHYA
                          PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI SHISHIR VERMA-ADVOCATE)

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

                          following:
                                                                ORDER

This is an application under Section 24 of Code of Civil Procedure, 1908 seeking transfer of case no. RCS HM No. 70/2022 pending before First Additional District Judge, Waraseoni, District Balaghat to Family Court, District Betul.

2. The Counsel for the applicant/wife contends that a petition seeking divorce has been filed by the Respondent/Husband under Section 13 Hindu Signature Not Verified Signed by: ASTHA SEN Signing time: 8/29/2023 6:37:28 PM

Marriage Act, 1955 before Ist Additional District Judge, Waraseoni, District Balaghat. The applicant is residing at her paternal house with her old age parents at District Betul and is not in a position to travel to ensure her appearance in scheduled dates of hearing in the aforesaid case before Ist Additional District Judge, Waraseoni District Balaghat which is approximately 295 Kms from Betul.

3. Counsel for the applicant further contends that applicant has no source of income and the distance between Waraseoni, District , therefore, the appearance is going to cause undue hardship as well as inconvenience to the applicant. Thus while placing reliance on the decision of The Apex Court in the

case of N.C.V. Aishwarya Versus A.S. Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199. It is submitted that the aforesaid case be transferred from Ist Additional District Judge, Waraseoni, District Balaghat to Family Court, Betul.

4. Per Contra, learned counsel for the non-applicant submitted that the application filed by the applicant/wife deserves to be dismissed on the ground that the distance between Waraseoni and Betul is merely 220 Kms which could be easily travelled and would not cause her inconvenience. Learned Counsel for the non-applicant/husband while placing reliance in catena of judgments of this court as well as The Apex Court pressed that the applicant can make her appearance and the evidence of applicant and her witness be recorded through Video conferencing.

5. Heard the rival submissions advanced on behalf of the parties.

6. It is undisputed that the distance between the two places is around 300 Kms. Undisputedly, the appearance in the court of Ist Additional District Judge Waraseoni, will cause hardship as well as inconvenience to the applicant. Signature Not Verified Signed by: ASTHA SEN Signing time: 8/29/2023 6:37:28 PM

The Apex Court in paragraph 9 in the decision of N.C.V. Aishwarya (Supra) has held as under:-

"9. The cardinal principle of exercise of power under Section 24 of Code of

Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceedings. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration thee economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life.Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."

6. Thus, taking into consideration the inconvenience as well as hardship to the applicant inasmuch as there is no one in the family to accommodate her to the Court of Ist Additional District Judge, Waraseoni this Court deems it proper to transfer the case, which is pending before the Court of Ist Additional District Judge, Waraseoni, District Balaght to Family Court, District Betul.

7. Accordingly, this petition is allowed. It is directed that RCSHM No.70/22 pending before First Additional District Judge, Waraseoni, District Balaghat be transferred to Family Court,Betul.

8. The parties are directed to appear before the Family Court, Betul on 11.09.2023.

(MANINDER S. BHATTI) JUDGE Astha Signature Not Verified Signed by: ASTHA SEN Signing time: 8/29/2023 6:37:28 PM

Signature Not Verified Signed by: ASTHA SEN Signing time: 8/29/2023 6:37:28 PM