Smt. Hina Khan W/O Shri Sajid Khan vs Sajid Khan
2023 Latest Caselaw 3347 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 23 rd OF FEBRUARY, 2023
                                             MISC. CIVIL CASE No. 2843 of 2022

                          BETWEEN:-
                          SMT. HINA KHAN W/O SHRI SAJID KHAN D/O SHRI
                          ABID KHAN, AGED ABOUT 43 YEARS, OCCUPATION:
                          UNEMPLOYED H.NO. 271 WARD NO. 35 NEAR AJAJ PAN
                          PALACE MAIHAR ROAD NAZIRABAD SATNA (MADHYA
                          PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI ABHISHEK SINGH- ADVOCATE)

                          AND
                          SAJID KHAN S/O LATE A.R. KHAN, AGED ABOUT 45
                          YEARS, OCCUPATION: PRIVATE BUSINESS RAMNAGAR
                          NEAR BARGI COLONY DISTRICT NARSINGHPUR
                          (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY Ms. PREMLATA LOKHANDE- ADVOCATE)

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

This application has been preferred by petitioner/wife under Section 24 of the CPC, for transfer of pending Case No.RCS 6-A/2022 (Sajid Vs. Smt. Hina) pending before the Principal Judge, Family Court, Narsinghpur to the Family Court Satna.

2. Learned counsel for the petitioner submits that two cases instituted on the complaint/application of the wife under Section 498-A of IPC and Section 125 of Cr.P.C are pending before the Court at Satna, therefore, as per convenience Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 2/24/2023 4:43:14 PM

of the wife, who is residing at Satna along with two children, Case No.RCS 6- A/2022 filed by husband under Section 9 of the Hindu Marriage Act deserves to be transferred from the Court of Principal Judge, Family Court, Narsinghpur to Family Court at Satna. In support of his submissions, learned counsel appearing for the petitioner placed reliance on the decision of Supreme Court in the case of Sumita Singh v. Kumar Sanjay and Anr. (2001) 10 SCC 41.

3. Learned counsel for the respondent/husband submits that looking to the distance between Satna and Narsinghpur no need is there to transfer the case from Narsinghpur to Satna, and she opposes the prayer made on behalf of the wife, with the further contention that the respondent is ready to reside with the

petitioner.

4. Heard learned counsel for the parties and perused the record.

5. In view of the fact that two cases under Section 498-A of IPC and Section 125 of Cr.P.C are pending at Satna, and in the light of aforesaid judgment of Supreme Court in the case of Sumita Singh (supra) taking into consideration the convenience of wife, the application under Section 9 of the Hindu Marriage Act filed by respondent/husband bearing Case No.RCS 6- A/2022 pending in the Court of Principal Judge, Family Court, Narsinghpur is hereby directed to be transferred to Family Court, Satna.

6. Accordingly, this MCC is allowed and disposed off.

7. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE [email protected]

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 2/24/2023 4:43:14 PM