Smt. Lalita Patel vs Narendra Kumar Patel
2023 Latest Caselaw 9639 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 26 th OF JUNE, 2023
                                             MISC. CIVIL CASE No. 315 of 2021

                          BETWEEN:-
                          SMT. LALITA PATEL W/O NARENDRA PATEL, AGED
                          ABOUT 30 YEARS, OCCUPATION: D/O BABULAL PATEL
                          OCCU. HOUSE WIFE, R/O H.N. 997/7 NAGPUR ROAD
                          SHASTRI NAGAR P.S TILWARA TEH. AND DISTT.
                          JABALPUR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI RATNESH PATEL, ADVOCATE)

                          AND
                          NARENDRA KUMAR PATEL S/O SIDDHANATH PATEL,
                          AGED ABOUT 32 YEARS, OCCUPATION: ATITHI
                          SIKSHAKA, R/O VILLAGE KODAUARA PS. AMILIYA TEH.
                          SIHAWAL (MADHYA PRADESH)

                                                                                       .....RESPONDENT


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

This MCC/application under Section 24 of the CPC has been filed for transfer of Case No.69-A/2020 from the Principal Judge Family Court, Sidhi to the Family Court, Jabalpur.

2. The counsel appearing for the applicant submits that the applicant/wife is living along with her parent, there is no other male member in her family except her father. Her father is a Government servant and it is very difficult for him to accompany her to appear before the Family Court, Sidhi, Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 6/27/2023 10:21:54 AM

which is 315 KMs far from Jabalpur and as she is having a one and half year old child, therefore, it is difficult for her to travel alone. Accordingly, she prays for transfer of Case No.69-A/2020 from the Principal Judge Family Court, Sidhi to the Family Court, Jabalpur. 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 another (2001) 10 SCC 41.

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

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

5. As such, in the light of aforesaid judgment of Supreme Court in the

case of Sumita Singh (supra) and taking into consideration the convenience of wife, the application under Section 13(1) of the Hindu Marriage Act filed by respondent/husband bearing Case No.69-A/2020 deserves to be and is hereby directed to be transferred from the Principal Judge Family Court, Sidhi to the Family Court, Jabalpur.

6. Accordingly, MCC is allowed/disposed off.

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

(DWARKA DHISH BANSAL) JUDGE RS

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 6/27/2023 10:21:54 AM