Madhya Pradesh High Court
Chandraprabha Sharma vs Rakesh Sharma on 3 April, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 3 rd OF APRIL, 2024
MISC. CIVIL CASE No. 3211 of 2023
BETWEEN:-
CHANDRAPRABHA SHARMA W/O SHRI. RAKESH
SHARMA D/O. KRIPARAM MISHRA, AGED ABOUT 39
YEAR S, BEHIND CIVIL COURT WARD NUMBER 06,
SHAHDOL THANA SHAHDOL DISRICT SHAHDOL IN
PRESENT BEHIND THE RESIDENCE OF
SUPERINTENDENT OF POLICE CENTRAL ACADEMY
ROAD WARD NO. 14 THANA SHAHDOL MADHYA
PRADESH
.....APPLICANT
(BY SHRI Y.S BAGHEL - ADVOCATE)
AND
RAKESH SHARMA S/O RAMBIHARI SHARMA, AGED
ABOUT 39 YEARS, OCCUPATION: PROFESSOR MBA
DEPARTMENT ALL INDIA SOCIETY FOR ELECTRONICS
AND COMPUTER TECHNOLOGY (A.I.S.E.C.T.) ISCO
COLLEGE HOSHANGABAD ROAD DISTRICT BHOPAL
(M.P.) R/O. DANISH KUNJ KOLAR ROAD SECTOR D.K.-4
190, THANA KOLAR DISTRICT BHOPAL (M.P.) (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI NISHANT JAIN - ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Present petition has been filed by wife/applicant under Section 24 of the
Code of Civil Procedure, who has prayed for transfer of petition bearing Case
No. RCSHM-0001016/2023 filed by respondent/husband u/s Section 9 of
Hindu Marriage Act from the Court of Principal Judge, Family Court, Bhopal to
Family Court, Shahdol.
2. Learned counsel for the applicant submits that the applicant is facing
difficulty in participation of the proceedings pending in the Court of Principal
Judge, Family Court, Bhopal and it would be convenient to her to attend
proceedings in the Family Court at Shahdol. He further submits that three cases
have already been filed by applicant/wife viz.;(i)under Section 498-A, 506 and
34 of I.P.C; (ii) under Section 12 of Domestic Violence Act; & (iii) under
Section 125 of Cr.P.C wherein the respondent is appearing, therefore, as per
convenience of the wife, who is residing at Shahdol, case Under Section 9 of
Hindu Marriage Act, filed by respondent/husband deserves to be transferred
from the Court of Principal Judge, Family Court, Bhopal to Family Court,
Shahdol. In support of his submissions, learned counsel placed reliance on
decisions of Hon'ble Supreme Court in the case of Tejalben v. Mihirbhai
Bharatbhai Kothari (2016) 3 SCC 69; Ruchi Rawat v. Principal Judge, Family
Court, Etah and another 2022 SCC Online SC 2036; Manjula Singh Chouhan
v. Vishal Singh Chouhan (2019) 13 SCC 660 & Sumita Singh v. Kumar
Sanjay and Anr. (2001) 10 SCC 41 and prays for transfer of petition from the
Court of Principal Judge, Family Court, Bhopal to Family Court, Shahdol.
3. Learned counsel for the respondent/husband vehemently opposed the
prayer for transfer of the case on the ground that respondent is a professor and
is not in a position to attend the case regularly at Shahdol.
4. Considering the submissions made by learned counsel for the parties and
in the light of aforesaid judgments of Supreme Court and taking into
consideration convenience of wife, the case under Section 9 of Hindu Marriage
Act, filed by respondent/husband bearing RCSHM/0001016/2023 pending in
the Court of Principal Judge, Family Court, Bhopal deserves to be and is
hereby directed to be transferred to Family Court, Shahdol.
5. A copy of this order be sent to the Court of Principal Judge, Family Court,
Bhopal to be placed in the file of RCSHM/0001016/2023. A copy of this order
be also sent to Family Court, Shahdol.
6. With the above, this MCC is allowed and disposed off.
7. Pending application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
SN
