Deepmala Dhanagar vs Rahul Dhanagar
2023 Latest Caselaw 7217 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                  ON THE 3 rd OF MAY, 2023
                                             MISC. CIVIL CASE No. 523 of 2021

                           BETWEEN:-
                           DEEPMALA DHANAGAR W/O RAHUL DHANAGAR,
                           AGED ABOUT 23 YEARS, OCCUPATION: NIL HOUSE NO.
                           107, GALI NO. 3 DHIRAJSHAH NAGAR (MADHYA
                           PRADESH)

                                                                                        .....APPLICANT
                           (BY SHRI PRAVIN KUMAR BHATT, LEARNED COUNSEL FOR THE
                           APPLICANT)


                           AND
                           RAHUL DHANAGAR S/O SHRI KAILASHNARAYAN JI
                           DHANAGAR, AGED ABOUT 31 YEARS, OCCUPATION:
                           SOFTWARE DEVELOPER M.I.G. 73 RISHIYANAND
                           NAGAR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI BUSHRA KHAN, LEARNED COUNSEL FOR THE RESPONDENT
                           NO.1)

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

                           following:
                                                             ORDER

T his petition under Section 24 of the CPC has been filed by the applicant/wife for transfer of H.M.A.No.160/2020 filed by her husband under Section 9/13(1) of the Hindu Marriage Act before Principal Judge, Family Court, Mandsaur to Principal Judge, Family Court Ratlam.

The applicant/wife got married with the respondent/husband on 19.04.2018 as per the Hindu customs and traditions. It is averred that the Signature Not Verified Signed by: VARSHA SINGH Signing time: 09-05-2023 15:54:32

husband and his family members mentally harassed the applicant and threw her from the house. The applicant was compelled to live with her parental house at Ratlam as she was forcefully removed from the house by her husband and other family members.

Learned counsel for the respondent opposed the application and submit that the respondent/husband is ready to bear the expenses if she comes to Mandsaur to attend the Court and prayed for dismissal of the application. In support of his contention, he has placed reliance on the order dated 14.03.2016 passed in MCC No.83/2016 (Smt. Aditi Chouhan Vs. Deepak Chouhan) by this Court. He has also placed reliance over the judgments of Hon'ble Supreme

Court in the cases of Abhilasha Gupta vs. Harimohan Gupta [2021 (9) SCC 730]; Anindita Das vs. Srijit Das reported in [2006 (9) SCC 197].

Heard and perused the record.

Applicant/wife is residing at her parental house at Ratlam. She is unable to defend the case pending before Family Court, Mandsaur. So in the interest of justice H.M.A.No.160/2020 pending before Family Court, Mandsaur be transferred from that court to Family Court, Ratlam. In a case, wherein husband files matrimonial proceedings at a place where wife does not reside, the convenience of wife must be looked at as held by the Apex Court in the case of Sumita Singh vs. Kumar Sanjay and another reported in 2001 AIR SCW 5193 (1). It appears from the record that applicant/wife is a lady and she is residing at Ratlam which is about 90-100 Kms. away from Mandsaur. It would be difficult for her to attend the Court at Mandsaur on every date from Ratlam where she is now residing. So in the interest of justice the H.M.A.No.160/2020 pending before Family Court, Mandsaur is transferred from that court to the Court of Family Court, Ratlam.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 09-05-2023 15:54:32

T he Principal Judge Family Court, Mandsaur is directed to send the record of H.M.A.No.160/2020 filed by respondent/husband to the court of Family Court, Ratlam within a period of 15 days from the date of receiving the copy of this order.

A copy of this order be sent to Family Court, Mandsaur and Family Court, Ratlam for compliance.

MCC is allowed with the aforesaid observation. C.C. as per rules.

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 09-05-2023 15:54:32