Smt. Rupali Sharma vs Ankit Sharma
2023 Latest Caselaw 9886 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 30 th OF JUNE, 2023
                                            MISC. CIVIL CASE No. 212 of 2023

                         BETWEEN:-
                         SMT. RUPALI SHARMA W/O SHRI ANKIT SHARMA,
                         AGED ABOUT 26 YEARS, OCCUPATION: NIL HOUSEWIFE
                         R/O 299 GUPTESHWAR DASHMESH DWAR NEAR RAM
                         MANDIR PREM NAGAR MADAN MAHAL (MADHYA
                         PRADESH)

                                                                                       .....APPLICANT
                         (BY MS. CHANCHAL SHARMA - ADVOCATE )

                         AND
                         ANKIT SHARMA S/O SHRI ASHOK KUMAR SHARMA,
                         AGED ABOUT 31 YEARS, OCCUPATION: PRIVATE JOB
                         R/O BANDHAVGARH COLONY SATNA (MADHYA
                         PRADESH)

                                                                                     .....RESPONDENT
                         (NONE )

                               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 HM Case No.457/2021 from the Court of Principal Judge, Family Court, Satna to the Family Court, Jabalpur.

2. The counsel appearing for the applicant/wife submits that two cases i.e. an application under Section 125 Cr.P.C pending before Family Court, Jabalpur and another application under the provisions of Domestic Violence Act are pending adjudication at Jabalpur, therefore, as per convenience of the Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 7/1/2023 10:34:56 AM

wife, who is residing at Jabalpur, HM Case No.457/2021 filed by husband under Section 12(1) of Hindu Marriage Act deserves to be transferred from the Court of Principal Judge, Family Court, Satna to the Court of Principal Judge, Family Court, Jabalpur. In support of her 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. Inspite of putting appearance through counsel, none appeared for the respondent to oppose the prayer.

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

5. In view of the fact that the cases under Section 125 of Cr.P.C and

Domestic Violence Act are pending at Jabalpur, therefore, in the light of aforesaid judgment of Supreme Court in the case of Sumita Singh (supra), taking into consideration the convenience of wife, the petition under Section 12(1) of the Hindu Marriage Act filed by respondent/husband bearing HM Case No.457/2021 pending in the Court of Principal Judge, Family Court, Satna, District Satna deserves to be and is hereby directed to be transferred to Principal Judge, Family Court, Jabalpur.

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

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

(DWARKA DHISH BANSAL) JUDGE anu

Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 7/1/2023 10:34:56 AM