Madhya Pradesh High Court
Smt Bela Devi Tripathi vs Rajkishore Tripathi on 9 August, 2024
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1 MCC-1422-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 9 th OF AUGUST, 2024
MISC. CIVIL CASE No. 1422 of 2022
SMT BELA DEVI TRIPATHI
Versus
RAJKISHORE TRIPATHI
Appearance:
Shri T.C. Narwariya- 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.1268A/2021(HMA) pending before the Principal Judge, Family Court
Gwalior, District- Gwalior (M.P.) to the Family Court, Satna, District- Satna
(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 30/04/2004 as per Hindu rites and rituals and out of their wedlock, two
children were born. Thereafter, some dispute arose between them and
respondent has filed a case under Section 13 of Hindu Marriage Act against
the applicant for dissolution of Marriage before the Family Court, Satna
(M.P.) on 18/01/2019. Thereafter, applicant filed a case under Section 125 of
Cr.P.C. against the respondent for grant of maintenance at Family Court,
Satna which was allowed and respodent was directed to pay maintence to the
2 MCC-1422-2022
petitioner but no maintenance was given by the respodent. Due to non-
compliance of the said order, petitioner filed an application under Section
125(3) of Cr.P.C. in which proceedings were initiated and order of
recovery/arrest warrent was issued. Thereafter, the Family Court, Satna
passed the order on 26/10/2021 and directed the respondent to pay
maintenance Rs.35,000/- per month. After that, petitioner also filed a civil
Suit before the Civil Judge, District- Satna (M.P.) against the respondent on
22/01/2019 for restraining him not to get second marriage. After that, only
just to harrass the petitioner, respondent has filed again an application under
Section 13 of Hindu Marriage Act before the Family Court, Gwalior which is
pending consideration. Applicant is a lady and she is having two children and
she is facing difficulty in attending the Court proceedings at Gwalior (M.P.),
therefore, it is prayed that Case No.1268A/2021 (HMA) pending before the
Principal Judge, Family Court, Gwalior be transferred to the Family
Court, District- Satna (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,
3 MCC-1422-2022
the woman requires more consideration in comparison of man.
Heard.
It is a case where applicant is seeking transfer of Case No.1268A/2021
(HMA) preferred by the respondent pending before the Principal Judge,
Gwalior to the Family Court, Satna, District- Satna (M.P.). Since applicant is
living at Satna, 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 upon the
judgment rendered in the matter of Jyoti Bangde (Smt.) (supra) as well as
fact situation of the case, Case No.1268A/2021 (HMA) pending before the
Principal Judge, District- Gwalior (M.P.) is transferred to the Family Court,
Satna (M.P.). The Principal Judge, District- Gwalior (M.P.) is directed to
remit the record of the case to the Family Court, District- Satna (M.P.) with a
direction to the Family Court, Satna 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
