Shrimati Suchita Joshi vs Vilas Madhular Joshi
2023 Latest Caselaw 21668 MP

Madhya Pradesh High Court

Shrimati Suchita Joshi vs Vilas Madhular Joshi on 18 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 18 th OF DECEMBER, 2023
                                             MISC. CIVIL CASE No. 2566 of 2023

                           BETWEEN:-
                           SHRIMATI SUCHITA JOSHI S/O VILAS KUMAR
                           M A D H U K A R JOSHI, AGED ABOUT 29 YEARS,
                           OCCUPATION: HOUSEWIFE D/O SHRI PAD PARANJAPE
                           R/O H. NO. 543 MAULANA KE SAAMNE DIXITPURA
                           JABALPUR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY MS. NEETU PASHINE - ADVOCATE )

                           AND
                           VILAS MADHUKAR JOSHI S/O MDHUKAR JOHSI, AGED
                           ABOUT 33 YEARS, R/O SHASTRI WARD NEW DURGA
                           MANDIR KE PASS BUS STAND PADURNA TEHSIL
                           PADURNA DISTRICT CHHINDWARA AT PRESENT
                           THROUGH VIJAY JOSHI GALI NO. 5 SHANKAR NAGAR
                           SANCHAAR COLONY KE PICHHE CHHINDWARA TEHSIL
                           AND DISTRICT CHHINDWARA (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.0000049/2023 filed by respondent/husband u/s Section 13 of the Hindu Marriage Act from the Court of Additional District and Session Judge, Chhindwara to Family Court, Jabalpur.

2. Learned counsel for the applicant submits that the applicant is facing

difficulty in participation of the proceedings pending in the Court of Addl. District and Sessions Judge, Chhindwara and it would be convenient to her to attend proceedings in the Family Court at Jabalpur. He further submits that an application under Section 125 CrPC was filed which was dismissed without granting any maintenance to the wife/applicant and criminal revision filed against the same is pending before the M.P. High Court, at Jabalpur. In support of her 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. District and Session Judge, Chhindwara to Family Court, Jabalpur.

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 13 of Hindu Marriage Act filed b y respondent/husband bearing RCS HM No.0000049/2023 pending in the Court of Addl. District and Sessions Judge, Chhindwara deserves to be and is hereby directed to be transferred to Family Court, Jabalpur.

5. A copy of this order be sent to the Court of Addl. District and Sessions Judge, Chhindwara to be placed in the file of RCS HM No. 0000049/2023. A copy of this order be also sent to the Family Court, Jabalpur.

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