Smt. Ankita Shukla vs Pankaj Shukla
2023 Latest Caselaw 17629 MP

                                                               1
                            IN       THE       HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                                 ON THE 20 th OF OCTOBER, 2023
                                                MISC. CIVIL CASE No. 2067 of 2022

                           BETWEEN:-
                           SMT. ANKITA SHUKLA W/O PANKAJ SHUKLA, AGED
                           ABOUT 28 YEARS, OCCUPATION: HOUSEWIFE BHOPAL
                           INDORE ROAD BEHIND VIVEKANANDA COLONY
                           AWADHPURI COLONY SIHORE DISTRICT SIHORE
                           (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (SHRI TARUN KUSHWAH, LEARNED COUNSEL FOR THE PETITIONER )

                           AND
                           PANKAJ SHUKLA S/O KAMLESHJI SHUKLA, AGED
                           ABOUT 31 YEARS, OCCUPATION: BUSINESS 112 BAL
                           KRISHNA BAPUJI MARG SHANTINIKETAN ROAD
                           BADNAGAR DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (SHRI DEVDEEP SINGH, LEARNED COUNSEL FOR THE RESPONDENT)

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

With consent of parties, matter is heard finally. The petitioner/wife has filed this petition under Section 24 of the CPC seeking transfer of HM/0000047/2022 (Pankaj Vs. Ankita) pending before learned Additional District Judge, Badnagar, district Ujjain to the Family Court, Sihore.

2. Learned counsel for the petitioner submits that petitioner is poor lady and there is no source of income therefore she cannot come to Badnagar from Signature Not Verified Signed by: REENA JOSEPH Signing time: 20-10-2023 16:57:43

district Sihore on each and every date to attend the proceedings. The parents of petitioner are very old and the child of petitioner is only two and half years old, therefore she is facing hardship to attend the case proceedings at Badnagar. The distance between Sihore and Badnagar is 200 Kms. The respondent is a business man and he continuously travels from Ujjain to other district for business purpose, hence, he is capable to attend the proceedings in the case at Sihore. It is further submitted that petitioner and her parents are in apprehension of being tortured and implication of false case against them by the respondent. The petitioner is also not getting any maintenance or litigation expenses. On above grounds, it is prayed that the case pending before learned Additional

District Judge, Badnagar, district Ujjain be transferred to the Family Court, Sihore.

3. Learned counsel for the respondent submits that if the case is transferred from Badnagar to Sihore, then petitioner may falsely implicate him in other cases and his life will also be under threat, hence, prays for dismissal of this petition.

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

5. Counsel for the respondent has not filed any documents supporting his submissions, as above. Hence, taking into consideration the inconvenience of the petitioner/wife and the law laid down in the case o f 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 HM/0000047/2022 (Pankaj Vs. Ankita) pending before learned Additional District Judge, Badnagar, district Ujjain to the Family Court, Sihore. Signature Not Verified Signed by: REENA JOSEPH Signing time: 20-10-2023 16:57:43

6. Parties are directed to appear before the Family Court, Sihore on 07.11.2023.

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

(ACHAL KUMAR PALIWAL) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 20-10-2023 16:57:43