Smt. Kiran vs Hemant
2023 Latest Caselaw 17536 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                                ON THE 19 th OF OCTOBER, 2023
                                              MISC. CIVIL CASE No. 1934 of 2022

                           BETWEEN:-
                           SMT. KIRAN W/O SHRI HEMANT MEHTA, D/O HEMANT
                           PINGLE, AGED ABOUT 22 YEARS, OCCUPATION:
                           HOUSEWIFE R/O 374, ARIHANT NAGAR, GANDHI
                           NAGAR, INDORE (MADHYA PRADESH)

                                                                                             .....PETITIONER
                           (MS. SHRADDHA SINGH, LEARNED COUNSEL FOR THE PETITIONER)


                           AND
                           HEMANT S/O SHRI MANGILAL MEHTA, AGED ABOUT 25
                           Y E A R S , OCCUPATION: BUSINESS R/O VILLAGE
                           DHABLEDHUTA, RUI, GRAM PANCHAYAT DHUL,
                           MHOW DISTRICT INDORE (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                           (SHRI ABHISHEK         UPADHYAY,        LEARNED     COUNSEL       FOR    THE
                           RESPONDENT)

                                 This application coming on for orders this day, th e court passed the

                           following:
                                                                ORDER

The petitioner/wife has filed this petition under Section 24 of the CPC seeking transfer of HMA No.10/2020 pending before learned Additional District Judge, Ujjain to the Family Court, Indore.

2. Learned counsel for the petitioner submits that two matters are already pending before the Indore Court wherein the respondent husband is duty bound to attend the hearing of the case at Indore. The petitioner is presently residing at Indore alongwith her parents. The distance between Indore and Ujjain is 65 Signature Not Verified Signed by: REENA JOSEPH Signing time: 20-10-2023 10:01:53

Kms which takes more than two hours to reach and the same is very inconvenient to the petitioner being a young lady to travel upto Ujjain with her 3 years old minor son. The financial position of the father of the petitioner is not well. There is no one in the family to accompany the petitioner while travelling to Ujjain. The petitioner apprehends that the respondent would harass her if she goes to Ujain to prosecute the matter as the respondent is person with influence in the said area. On above grounds, it is prayed that the case pending before learned Additional District Judge, Ujjain be transferred to the Family Court, Indore.

3. Learned counsel for the respondent has not objected to the prayer of

transfer of the case by allowing the petition.

4. Heard rival submissions of the learned counsel for both the parties and perused the record of the case.

5. In view of the aforesaid and taking into consideration the inconvenience of the petitioner/wife and the law laid down in the case of Malika Vs. Brahmbhushan 2003 (5) MPHT, 1 (NOC) and the Apex Court judgment in the case of N.C.V.Aishwarya Vs. A.S.Saravan Karthik Sha reported in 2022 Live Law (SC) 627, I deem it proper to allow this petition and transfer HMA No.10/2020 (Hemant Vs. Kiran) pending before learned Additional District Judge, Ujjain to the Family Court, Indore.

6. Parties are directed to appear before the Principal Judge, Family Court, Indore on 06.11.2023.

7. With the aforesaid, MCC stands allowed and disposed off.

(ACHAL KUMAR PALIWAL) Signature Not Verified Signed by: REENA JOSEPH Signing time: 20-10-2023 10:01:53

JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 20-10-2023 10:01:53