Smt. Reetu Kushwaha vs Monti Kanaujiya
2023 Latest Caselaw 7452 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 8 th OF MAY, 2023
                                            MISC. CIVIL CASE No. 290 of 2018

                         BETWEEN:-
                         SMT. REETU KUSHWAHA W/O MONTI KANAUJIYA,
                         AGED ABOUT 24 YEARS, OCCUPATION: HOUSE WIFE,
                         R/O VILLAGE NARO, POST GIJWAR, DISTRICT SIDHI
                         (MADHYA PRADESH)

                                                                                        .....APPLICANT
                         (BY SHRI B.K. MISHRA, ADVOCATE)

                         AND
                         MONTI KANAUJIYA S/O RAMDULARE KANAUJIYA,
                         AGED ABOUT 28 YEARS, OCCUPATION: PRIVATE JOB,
                         R/O HOUSE NO. 307/32 NARMDA NAGAR, GOHALPUR,
                         (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                         (BY MS. SUNANDA KESHARWANI, 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.123/A/2017 from the Family Court, Jabalpur to Family Court, Sidhi.

2. The counsel appearing for the applicant submits that the applicant/wife and his son filed a case under Section 125 Cr.P.C before the Family Court, Sidhi against the non-applicant. The applicant has also made a complaint before SP, Sidhi against the non-applicant regarding demand of dowry and for committing cruelty. He further submits that the applicant/wife is Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 5/9/2023 10:16:50 AM

an illiterate lady, who lives in a remote area, therefore, it is not possible for her to come at Jabalpur to attend the case. Accordingly, he prays for transfer of Case No.123/A/2017 from the Family Court, Jabalpur to Family Court, Sidhi. 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 has vehemently opposed the prayer made by the applicant and prays for dismissal of the application.

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

5. The record produced by the applicant shows that a case under Section 125 Cr.P.C and a complaint before SP, Sidhi against the respondent- Monti Kanaujiya are pending at Sidhi. 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 9 of the Hindu Marriage Act filed by respondent/husband bearing Case No.123/A/2017 deserves to be and is hereby directed to be transferred from the Family Court, Jabalpur to Family Court, Sidhi.

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: 5/9/2023 10:16:50 AM