Smt. Rajni Shukla vs Pradeep Shukla
2023 Latest Caselaw 10886 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 14 th OF JULY, 2023
                                             MISC. CIVIL CASE No. 2748 of 2019

                          BETWEEN:-
                          SMT. RAJNI SHUKLA W/O SHRI PRADEEP SHUKLA,
                          AGED ABOUT 43 YEARS, OCCUPATION: HOUSE WIFE
                          THR. FATHER SHRI RADHESHYAM SHARMA H.NO. A41
                          KASTURBA NAGAR      GRAH   NIRMAN   SAMINIT
                          SHUBHMANGAL GARDEN KE PECHHE RATLAM
                          (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI SANJEEV TULI - ADVOCATE)

                          AND
                          PRADEEP SHUKLA S/O LATE BHAGWAGT SHARAN
                          SHUKLA, AGED ABOUT 49 YEARS, OCCUPATION:
                          TEACHER GRAM DHULTARA PO. BIJOURA TEHSL
                          DEVRI DISTT. SAGAR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY SHRI BHUPENDRA K. SHUKLA - ADVOCATE)

                                This application coming on for hearing this day, the court passed the

                          following:
                                                              ORDER

This MCC/application under Section 24 of the CPC has been filed for transfer of Civil Suit No.7/2019 from the Court of Additional District Judge, Devri, District Sagar to the Family Court, Ratlam, District Ratlam.

2. Learned counsel appearing for the applicant/wife submits that two cases i.e. Section 125(3) of Cr.P.C and Section 9 of Hindu Marriage Act, filed by the applicant/wife are pending adjudication at Family Court, Ratlam, District Ratlam, therefore, as per convenience of the wife, who is residing at Ratlam, Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 7/17/2023 10:05:31 AM

Civil Suit No.7/2019 filed by husband under Section 13 of the Hindu Marriage Act, deserves to be transferred from the Court of Additional District Judge, Devri District Sagar to the Family Court, Ratlam, District Ratlam. In support of his submissions, learned counsel appearing for the applicant 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 appearing for the respondent opposed the application vehemently.

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

5. In view of the fact that the cases under Sections 125(3) of Cr.P.C. and

Section 9 of Hindu Marriage Act are pending at Ratlam, District Ratlam, therefore, in the light o f aforesaid judgment of Supreme Court in the case of Sumita Singh (supra) and taking into consideration the convenience of wife, the case under Section 13 of the Hindu Marriage Act, filed by respondent/husband bearing Civil Suit No.7/2019 pending in the Court of Additional District Judge, Devri, District Sagar deserves to be and is hereby directed to be transferred to the Family Court, Ratlam, District Ratlam.

6. A copy of this order be sent to Additional District Judge, Devri, District Sagar to be placed in the file of Civil Suit No.7/2019. A copy of this order be also sent to the Family Court, Ratlam, District Ratlam.

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

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

(DWARKA DHISH BANSAL) JUDGE SN Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 7/17/2023 10:05:31 AM

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 7/17/2023 10:05:31 AM