Madhya Pradesh High Court
Smt. Rinki vs Nitin Prakash on 1 August, 2024
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1 MCC-1459-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 1 st OF AUGUST, 2024
MISC. CIVIL CASE No. 1459 of 2024
SMT. RINKI
Versus
NITIN PRAKASH
Appearance:
Shri Rajeev Shrivastava- learned counsel for the petitioner.
None for the respondent.
ORDER
The applicant/wife has filed this application under Section 24 of the
Code of Civil Procedure seeking transfer of Case No.223/2023(HMA)
pending before the Additional District Judge, Ganjbasoda, District- Vidisha
(M.P.) to the Family Court, District- Sagar (M.P.).
It is the submission of learned counsel for the applicant/wife that
marriage of the applicant with the respondent/non-applicant was solemnized
on 25/04/2021 as per Hindu rites and rituals at Sagar and out of their
wedlock, one child was born. After the marriage, respondent started
harassing her physically and mentally due to non-satisfaction of demand of
dowry. Thereafter, in the month of December, 2023, she was thrown out
from her matrimonial house alongwith her child aged 18 months and till
then, she is residing at her maternal home at Sagar. After that, respondent has
filed a case under Section 13 of Hindu Marriage Act for dissolution of
Marriage before the Family Court, Vidisha (M.P.) which is pending
2 MCC-1459-2024
consideration. Subsequently, applicant filed a case under Section 9 of Hindu
Marriage Act at Family Court, District- Sagar (M.P.) which is also pending
consideration. Thereafter, applicant has filed an application under Section
125 of Cr.P.C. for grant of maintenance at Family Court, Sagar which is also
pending consideration. Applicant is a lady and she is having a boy aged about
18 months and she is facing difficulty in attending the Court proceedings at
Vidisha (M.P.), therefore, it is prayed that Case No.223/2023 pending before
the Additional District Judge, Vidisha be transferred to the Family Court,
District- Sagar (M.P.).
It is further submitted that in the matter of transfer of case,
convenience of wife should be paramount consideration. Reliance has been
placed over the judgments of this Court in the matter of Vandana Vs. Angad
Singh Jadav, 2006 (1) MPLJ 463, Smita Jain Vs. Anil Kumar Jain, 2012 (3)
MPLJ 467, Smt. Shailey Madne Vs. Pankaj Kumar Madne, 2012 (4)
MPHT 521 and Jyoti Bangde (Smt.) Vs. Sanjay Bangde, ILR (2010) MP
2425 wherein this Court has held that convenience of wife should be
preferred while considering the question of transfer of case. It is also settled
principle of the law that in the matter of difficulties and convenience, the
woman requires more consideration in comparison of man.
Heard.
It is a case where applicant is seeking transfer of case No.223/2023
(HMA) preferred by the respondent pending before the Additional District
Judge, Vidisha to the Family Court, District- Sagar (M.P.). Since applicant is
living at Sagar, therefore, her convenience should be
3 MCC-1459-2024
paramount consideration for this Court.
This Court in the matter of Jyoti Bangde (Smt.) (supra) has given
direction for consideration of the convenience of the wife. Being woman
she requires more consideration as compared to man. Therefore, relying
upon the judgment rendered in the matter of Jyoti Bangde (Smt.) (supra) as
well as fact situation of the case, Case No.223/2023 (HMA) pending before
the Additional District Judge, District- Vidisha (M.P.) is transferred to the
Family Court, Sagar (M.P.). The Additional District Judge, District- Vidisha
(M.P.) is directed to remit the record of the case to the Family Court,
District- Sagar (M.P.) with a direction to the Family Court, Sagar to intimate
the date of appearance to the parties in accordance with law.
With the aforesaid, this petition stands allowed and disposed of.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
rahul
