Anjali Kourav vs Suyash Kourav
2023 Latest Caselaw 9896 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. 687 of 2022

                         BETWEEN:-
                         ANJALI KOURAV W/O SUYASH KAUR, AGED ABOUT 32
                         YEARS, R/O 76, RAJUL CITY NAGAR, GARHA, JABALPUR
                         (M P)

                                                                                       .....APPLICANT
                         (BY SHRI TARU PRIYA SINGH - ADVOCATE )

                         AND
                         SUYASH KOURAV S/O MOHAN SINGH KOURAV, AGED
                         ABOUT 33 YEARS, OCCUPATION: ASST.ENGINEER AT
                         GUJARAT WATER SUPPLY AND SEWERAGE BOARD,
                         DAHOD GUJRAT PARITRAN AGENCY, AWASTHI
                         CHOWK, BHANDARIYA ROAD, KHANDWA (MP)

                                                                                     .....RESPONDENT
                         (BY SHRI ARVIND SONI - ADVOCATE)

                               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.RCSHM 53/2022 from the Family Court, Khandwa to the Family Court, Jabalpur.

2. The counsel appearing for the applicant/wife submits that the cases under Section 125 Cr.P.C; under the provisions of Domestic Violence Act and under Section 498-A of IPC are pending adjudication at Jabalpur, therefore, as per convenience of the wife, who is residing at Jabalpur, Case No.RCSHM 53/2022 filed by husband under Section 13 of Hindu Marriage Act deserves to be Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 7/1/2023 8:00:20 PM

transferred from the Family Court, Khandwa 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 Anr. (2001) 10 SCC 41.

3. Learned counsel for the respondent opposes the prayer for transfer of the case.

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, Domestic Violence Act and under Section 498-A IPC are pending at Jabalpur, 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 petition under Section 13 of the Hindu Marriage Act filed by respondent/husband bearing RCSHM Case No.53/2022 pending in the Family Court, Khandwa, District Khandwa, deserves to be and is hereby directed to be transferred to the Family Court, Jabalpur.

6. A copy of this order be sent to Principal Judge, Family Court, Khandwa to be placed in the file of RCSHM No.53/2022. A copy of this order be also sent to the Family Court, Jabalpur.

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

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

(DWARKA DHISH BANSAL) JUDGE pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 7/1/2023 8:00:20 PM