Smt. Sanvi Rochlani vs Ritesh Rochlani
2023 Latest Caselaw 20407 MP

Madhya Pradesh High Court

Smt. Sanvi Rochlani vs Ritesh Rochlani 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. 1097 of 2022

                          BETWEEN:-
                          SMT. SANVI ROCHLANI W/O SHRI RITESH ROCHLANI
                          D/O KESHAVDAS LAHORANI, AGED ABOUT 29 YEARS,
                          AT PRESENT R/O IN FRONT OF GODAM, MITTHU BADA,
                          OLD WARD NO. 25, NEW WARD NO. 32 SHAHDOL, TEH.
                          SOHAGPUR, DISTT. (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI RAKESH JAIN - ADVOCATE)

                          AND
                          RITESH ROCHLANI S/O SHRI KAILASH ROCHLANI,
                          AGED ABOUT 30 YEARS, R/O BANDHAVGARH COLONY,
                          LIG B-58, NEAR SINDHI CAMP, P.S. KOLGAWAN, SATNA,
                          DISTT. (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.0000032/2022 filed by respondent/husband u/s Section 9 of Hindu Marriage Act from the Court of Principal Judge, Family Court, Satna to Family Court, Shahdol.

2. Learned counsel for the applicant submits that the applicant is facing difficulty in participation of the proceedings pending in the Court of Principal

Judge, Family Court, Satna and it would be convenient to her to attend proceedings in the Family Court at Shahdol. He further submits that the applications filed by the applicant/wife under Section 9(B) and Section 37 (2) of the Domestic Violence Act and under Section 125 of Cr.P.C. are pending in the Courts at Shahdol. 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

fro m the Court of Principal Judge, Family Court, Satna to Family Court, Shahdol.

3. Despite service of notice on the respondent none is appearing to oppose the prayer made by the applicant/wife.

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 9 of Hindu Marriage Act filed b y respondent/husband bearing RCS HM No.0000032/2022 pending in the Court of Principal Judge, Family Court, Satna deserves to be and is hereby directed to be transferred to Family Court, Shahdol.

5. A copy of this order be sent to the Court of Principal Judge, Family Court, Satna to be placed in the file of RCS HM No. 0000032/2022. A copy of this order be also sent to the Family Court, Shahdol.

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 SN