Madhya Pradesh High Court
Smt. Sandhya Saini vs Kapil Badhouliya on 4 December, 2023
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 4 th OF DECEMBER, 2023
MISC. CIVIL CASE No. 1614 of 2023
BETWEEN:-
SMT. SANDHYA SAINI W/O KAPIL BADHOLIYA, AGED
ABOUT 29 YEARS, OCCUPATION: HOUSEWIFE R/O
MISHRA JI SATAI ROAD, NEAR PEETAMBARA
MANDIR, CHHATARPUR, P.O. MAIN POST OFFICE,
CHHATARPUR (M.P) (MADHYA PRADESH)
.....APPLICANT
(BY SHRI B.N. PANDEY - ADVOCATE)
AND
KAPIL BADHOULIYA S/O LATE SHRI RAMESH KUMAR
BADHOULIYA, AGED ABOUT 34 YEARS, OCCUPATION:
CONTRACT SERVICE PUMP OPERATOR NAGAR
PARISHAD R/O BADHOULIYA MOHALLA, PAWAI, DIST.
PANNA (M.P.) (MADHYA PRADESH)
.....RESPONDENT
(NONE)
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 HM No.18/2020 filed by respondent/husband u/s
Section 13 of Hindu Marriage Act from the Court of Addl. Distt. Judge, Pawai,
District Panna to Family Court, Chhatarpur.
2. Learned counsel for the applicant submits that the applicant is facing
difficulty in participation of the proceedings pending in the Court of Additional
District Judge, Pawai, District Chhatarpur and it would be convenient to her to
attend proceedings in the Family Court at Chhatarpur. He further submits that
the applications filed by the applicant/wife under Section 9 of Hindu Marriage
Act, under Section 12 of the Protection to Women from Domestic Violence
Act and under Section 125 of Cr.P.C. are pending in the Courts at Chhatarpur.
In support of his submissions, learned counsel placed reliance on the decisions
of the Supreme Court in the case of Tejalben v. Mihirbhai Bharatbhai Kothari
(2016) 3 SCC 69; Ruchi Rawat v. Principal Judge, Family Court, Etah and
another 2022 SCC Online SC 2036; Manjula Singh Chouhan v. Vishal Singh
Chouhan (2019) 13 SCC 660 & Sumita Singh v. Kumar Sanjay and Anr.
(2001) 10 SCC 41 and prays for transfer of petition from the Court of Addl.
Distt. Judge, Pawai, District Panna to Family Court, Chhatarpur.
3. In compliance of the order dtd. 05.10.2023, applicant served the
respondent through humdast and has filed service report along with the
affidavit, but none is appearing on behalf of the respondent.
4. Considering the submissions of learned counsel for the applicant and in
the light of aforesaid judgments of Supreme Court and taking into consideration
the convenience of wife, the case under Section 13 of Hindu Marriage Act filed
by respondent/husband bearing RCS HM No.18/2020 pending in the Court of
Addl. Distt. Judge, Pawai, District Panna deserves to be and is hereby directed
to be transferred to Family Court, Chhatarpur.
5. A copy of this order be sent to the Court of Addl. Distt. Judge, Pawai,
District Panna to be placed in the file of RCS HM No. 18/2020. A copy of this
order be also sent to the Family Court, Chhatarpur.
6. With the above, this application is allowed and disposed off.
7. Pending application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
ss
