Smt. Neha vs Pankaj Verma
2023 Latest Caselaw 20735 MP

Madhya Pradesh High Court

Smt. Neha vs Pankaj Verma on 7 December, 2023

                                                              1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       BEFORE
                                        HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                               ON THE 7 th OF DECEMBER, 2023
                                              MISC. CIVIL CASE No. 2602 of 2022

                           BETWEEN:-
                           SMT. NEHA W/O PANKAJ VERMA, AGED ABOUT 25
                           YE A R S , OCCUPATION: HOUSEWIFE 88 NARMADA
                           NAGAR       WARD   NO.8 PURANU GURIYA GALI
                           HATPIPALIYA DISTRICT DEWAS (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (MS. ANAMIKA SINGH, ADVOCATE)

                           AND
                           PANKAJ VERMA S/O KAILASH VARMA, AGED ABOUT 26
                           YEARS, OCCUPATION: ARMY MAN 530 GADH KALIKA
                           ROAD OPPOSITE JANKI NAGAR GALI UJJAIN (MADHYA
                           PRADESH)

                                                                                      .....NON-APPLICANT
                           (NONE)

                                 This application coming on for admission this day, th e Court passed
                           the following:
                                                               ORDER

The applicant/wife has filed this MCC under Section 24 of the CPC seeking transfer of RCS No.125-A/2022 pending before the Family Court, Ujjain to the Court of District Judge, Bagli, District Dewas (MP).

2. The facts narrated by the applicant in brief are that marriage of the applicant with non-applicant was solemnized on 19.04.2019 according to their customary rites.

3. Learned counsel for the applicant submits that two matters are already pending before the Dewas Court wherein the non-applicant/husband is duty

bound to attend the hearing of the case at Dewas. The applicant is presently residing at Hatpipaliya alongwith her parents. Applicant is a housewife and her financial condition is very poor and she is facing difficulty in travelling from Hatpipaliya to Ujjain as the distance between the place is about 90 kms. There is no one in the family to accompany the applicant while travelling to Ujjain. On above grounds, it is prayed that the case pending before learned Family Court, Ujjain be transferred to the Court of District Judge, Bagli, District Dewas (MP).

4. Heard learned counsel for the appellant and perused the record of the case.

5 . In view of the aforesaid and taking into consideration the

inconvenience of the applicant/wife and the law laid down in the case of Malika Vs. Brahmbhushan, 2003 (5) MPHT, 1 (NOC) and the Apex Court judgment in the case of N.C.V. Aishwarya Vs. A.S. Saravan Karthik Sha, 2022 Live Law (SC) 627, I deem it proper to allow this application and transfer RCS No.125-A/2022 pending before learned Family Court, Ujjain to the Court of District Judge, Bagli, District Dewas (MP).

6. Learned Principal Judge, Family Court, Ujjain is also requested to remit the record of the case to the Court of District Judge, Bagli, District Dewas (MP) at the earliest.

7. Let copy of this order be sent to both the concerned Court for information and compliance.

8. With the aforesaid, MCC stands allowed and disposed of. Certified copy as per rules.

(GAJENDRA SINGH)

JUDGE gp