Smt. Saraswati vs Sawapnil
2024 Latest Caselaw 3020 MP

Madhya Pradesh High Court

Smt. Saraswati vs Sawapnil on 1 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                             1




                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                             HON'BLE SHRI JUSTICE HIRDESH
                                               ON THE 1 st OF FEBRUARY, 2024
                                             MISC. CIVIL CASE No. 2635 of 2023

                           BETWEEN:-
                           SMT. SARASWATI W/O SHRI SAWAPNIL SHARMA, AGED
                           ABOUT 25 YEARS, OCCUPATION: HOUSEWIFE R/O
                           GRAM PIPLIYA RASODA TALLUK NARSINGGARH
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (MS. KIRTEE AGRAWAL, LEARNED COUNSEL FOR THE PETITIONER )

                           AND
                           SAWAPNIL S/O SHRI RAJESH SHARMA, AGED ABOUT 30
                           YEARS, OCCUPATION: NOKRI H.N.256, SCHEME NO. 78,
                           E.S. 4, INDOR (MADHYA PRADESH)

                                                                                         .....RESPONDENT

                           (SHRI YOGESH KUMAR           GUPTA,    LEARNED      COUNSEL FOR        THE
                           RESPONDENT [R-1])

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

The petitioner has filed this petition under Section 24 of the CPC seeking transfer of HMA Case No.1758/2023 pending before III Additional Principal Judge, Family Court, Indore to the court of Principal Judge, Family Court, Rajgarh.

2. This petition is filed on the ground that the applicant has no source of

income of her own and she is having a little child with her. The distance between Indore to Rajgarh is 190 Kms and it is very difficult for the applicant to travel with her child. The applicant has an apprehension that if she comes to Indore, respondent would harass her and can commit any offence against the applicant. On above grounds, it is prayed that HMA Case No.1758/2023 pending before III Additional Principal Judge, Family Court, Indore be transferred to the court of Principal Judge, Family Court, Rajgarh.

3. Per contra, learned counsel for the respondent opposes the present application stating that applicant wants to harass the respondent by transferring this case to Rajgarh. He further submits that respondent is ready to pay the

expenses to attend the hearing at Indore and prays for dismissal of the present petition.

4. The Apex Court in the case of Sunita Singh Vs. Kumar Sanjay and another reported in (2001) 10 SCC 41 has held that in a husband's suit against wife for divorce, the convenience of the wife must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute. Similar observation was made by the Supreme Court in the case of Rajani Kishor Pardeshi v. Kishor Babulal Pradeshi (2005) 12 SCC 237.

5. Considering the facts and circumstances of the case and after taking into consideration the aforesaid judgments and also the fact that petitioner is a woman and mother of a child, the present petition is allowed and HMA Case No.1758/2023 pending before III Additional Principal Judge, Family Court, Indore is transferred to the court of Principal Judge, Family Court, Rajgarh.

6. Parties are directed to appear before Principal Judge, Family Court, Rajgarh on 26.02.2024.

MCC stands allowed and disposed off.

(HIRDESH) JUDGE N.R.