Smt Jyotishna Saxena vs Kapil Saxena
2024 Latest Caselaw 5747 MP

Madhya Pradesh High Court

Smt Jyotishna Saxena vs Kapil Saxena on 26 February, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 26 th OF FEBRUARY, 2024
                                            MISC. CIVIL CASE No. 1644 of 2021

                          BETWEEN:-
                          SMT JYOTISHNA SAXENA W/O SHRI KAPIL SAXENA,
                          AGED ABOUT 37 YEARS, OCCUPATION: HOUSE WIFE,
                          R/O NEAR DR B N CHOURASIYA NARSINGHGARH
                          PURWA CHHATARPUR POLICE STATION CIVIL LINES
                          TAHSIL AND DISTT CHHATARPUR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI DEEPENDRA MISHRA - ADVOCATE)

                          AND
                          KAPIL SAXENA S/O LATE SHRI DEVI PRASAD SAXENA,
                          AGED ABOUT 41 YEARS, OCCUPATION: PRIVATE JOB,
                          R/O NEERJA NAGAR 105 B M.P. SAXENA NEAR
                          ANNAPURNA MANDIR BEHIND C TREE BHOPAL DISTT
                          BHOPAL (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI VISHAL PATERIYA - ADVOCATE)

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

                          following:
                                                             ORDER

Present petition has been filed by wife/applicant under Section 24 of the Code of Civil Procedure, who has prayed for transfer of petition bearing Case No. RCSHM/0000441/2020 filed by respondent/husband u/s 9 of the Hindu Marriage Act from the Court of Principal Judge, Family Court, Bhopal to Family Court, Chhatarpur.

2. Learned counsel for the applicant submits that the applicant is facing difficulty in participation of the proceedings pending in the Court of Principal

Judge, Family Court, Bhopal and it would be convenient to her to attend proceedings in the Family Court at Chhatarpur because a case filed at the instance of wife under Section 125 of Cr.P.C., is pending at Chhatarpur. Further, there are two children and both are residing with the applicant/wife. It is further submitted that at the instance of children (minor represented through their natural guardian mother) a civil suit for declaration of title and permanent injunction is also filed before Civil Judge Class-II, Chhatarpur in which respondent/husband is already appearing, therefore, as per convenience of the wife, who is residing at Chhatarpur, the case no. RCSHM/0000441/2020 filed by husband under Section 9 of the Hindu Marriage Act, deserves to be

transferred from the Court of Principal Judge, Family Court, Bhopal to Family Court, Chhatarpur. In support of his submissions, learned counsel placed reliance on decisions of Hon'ble Supreme Court in the case of Tejalben v. Mihirbhai Bharatbhai Kothari (2016) 3 SCC 69; Ruchi Rawat v. Principal Judge, Family Court, Etah and another 2022 SCC Online SC 2036; Manjula Singh Chouhan v. Vishal Singh Chouhan (2019) 13 SCC 660 & Sumita Singh v. Kumar Sanjay and Anr. (2001) 10 SCC 41 and prays for transfer of petition from the Court of Principal Judge, Family Court, Bhopal to Family Court, Chhatarpur.

3. Learned counsel for the respondent/husband vehemently opposed the prayer for transfer of the case, although, he has not filed any written reply to the application.

4. Considering the submissions of learned counsel for the applicant and in the light of aforesaid judgments of Supreme Court and taking into consideration convenience of wife, the case under Section 9 of Hindu Marriage Act filed by

respondent/husband bearing RCSHM/0000441/2020 pending in the Court of Principal Judge, Family Court, Bhopal deserves to be and is hereby directed to be transferred to Family Court, Chhatarpur.

5. A copy of this order be sent to the Court of Principal Judge, Family Court, Bhopal to be placed in the file of RCSHM/0000441/2020. A copy of this order be also sent to Family Court, Chhatarpur.

6. With the above, this MCC is allowed and disposed off.

7. Pending application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE ss