Smt. Archana Sahu vs Vijay Sahu
2024 Latest Caselaw 20683 MP

Madhya Pradesh High Court

Smt. Archana Sahu vs Vijay Sahu on 1 August, 2024

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                 1                      MCC-1422-2024
                              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. 1422 of 2024
                                                        SMT. ARCHANA SAHU
                                                               Versus
                                                            VIJAY SAHU
                           Appearance:
                              Ms. Kratika Mohta- learned counsel for the applicant.
                              None for the respondent.

                                                                   ORDER

The applicant/wife has filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Case No.234/2023(HMA) pending before the Principal Judge, Family Court Vidisha, District- Vidisha (M.P.) to the Family Court, District- Betul (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 23/02/2023 as per Hindu rites and rituals at Sagar. After some time of

marriage, behaviour of respondent was changed and he started harassing her physically and mentally due to non-fulfilment of demand of dowary. Applicant conceived in the month of June, 2023 and delivered a baby on 08/03/2024 and she is residing at her maternal home at Betul. Just to harass the applicant, respondent filed a case under Section 9 of Hindu Marriage Act at Family Court Vidisha, District- Vidisha (M.P.) which is pending consideration. Applicant is a lady and she is having a child aged about 4

2 MCC-1422-2024 months and she is facing difficulty in attending the Court proceedings at Vidisha (M.P.) financially as well as physically, therefore, it is prayed that Case No.234/2023 (HMA) pending before the Principal Judge, Family Court Vidisha, District- Vidisha (M.P.) be transferred to the Family Court, District- Betul (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.234/2023 (HMA) preferred by the respondent pending before the Principal Judge, Family Court, Vidisha to the Family Court, District- Betul (M.P.). Since applicant is living at Betul, therefore, her convenience should be 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

3 MCC-1422-2024 upon the judgment rendered in the matter of Jyoti Bangde (Smt.) (supra) as well as fact situation of the case, Case No.234/2023(HMA) pending before the Principal Judge, District- Vidisha (M.P.) is transferred to the Family Court, Betul (M.P.). The Principal Judge, District- Vidisha (M.P.) is directed to remit the record of the case to the Family Court, Betul, District- Betul (M.P.) with a direction to the Family Court, Betul 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