Smt. Namrata @ Khushboo vs Vikas Ahirwar
2024 Latest Caselaw 3480 MP

Madhya Pradesh High Court

Smt. Namrata @ Khushboo vs Vikas Ahirwar on 6 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                              HON'BLE SHRI JUSTICE HIRDESH
                                               ON THE 6 th OF FEBRUARY, 2024
                                              MISC. CIVIL CASE No. 1661 of 2023

                           BETWEEN:-
                           SMT. NAMRATA @ KHUSHBOO W/O VIKAS AHIRWAR,
                           AGED ABOUT 25 YEARS, OCCUPATION: HOUSEWIFE R/O
                           H 76/96 23RD BATALION BHADBHADA ROAD BHOPAL
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (SHRI VALMIK        SAKARGAYEN,        LEARNED     COUNSEL      FOR    THE
                           PETITIONER)

                           AND
                           VIKAS AHIRWAR S/O MAHENDRA KUMAR AHIRWAR,
                           AGED ABOUT 30 YEARS, OCCUPATION: STENO DISTT
                           COURT BHANPURA R/O LOTKHEDI ROAD BHANPURA
                           DISTT. MANDSAUR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (SHRI ABHAY SARASWAT, 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 RCHM-81/2023 pending before II Additional District Judge, Garoth, District-Mandsaur to the court of competent jurisdiction at Bhopal.

2. This petition is filed on the ground that the applicant has no source of income of her own and she is residing with her parents at Bhopal. The distance between Garoth to Bhopal is 275 Kms and it is very difficult for the applicant to travel such a long journey alone. The applicant has an apprehension that if she

comes to Garoth, respondent would harass her and can commit any offence against the applicant. The respondent is working as a steno and posted at District Court, Bhanpura at the same place where the suit is pending. On above grounds, it is prayed that RCHM-81/2023 pending before II Additional District Judge, Garoth, District-Mandsaur be transferred to the court of competent jurisdiction at Bhopal.

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 Bhopal. He has placed reliance upon the judgment delivered by the Apex Court in the case of Anindita Das Vs. Srijit Das, 2006 (9) SCC, 197

as well the decision of the coordinate Bench of this Court in the case of Aarti Vs. Mahipal Singh Umat (MCC No.460/2023 dated 31.01.2024) and prays for dismissal of the present petition.

4. This court has carefully gone through the judgments relied upon by the learned counsel for the respondent, which are not applicable in the facts and circumstances of the present case. 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 she is residing at Bhopal, the present petition is allowed

and RCHM-81/2023 pending before II Additional District Judge, Garoth, District-Mandsaur is transferred to the court of competent jurisdiction at Bhopal.

6. Parties are directed to appear before the competent Court at Bhopal on 07.03.2024.

MCC stands allowed and disposed off.

(HIRDESH) JUDGE N.R.