Anita Vanshakar vs Deepak Kumar Vanshkar
2024 Latest Caselaw 5822 MP

Madhya Pradesh High Court

Anita Vanshakar vs Deepak Kumar Vanshkar 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. 629 of 2020

                          BETWEEN:-
                          ANITA VANSHAKAR W/O SHRI DEEPAK VANSHKAR D/O
                          RAMPRAKASH VANSHKAR, AGED ABOUT 25 YEARS,
                          OCCUPATION: UNEMPLOYED R/O VILLAGE MAHULUA
                          CHOURHA, TEHSIL KURWAI, DISTRICT VIDISHA
                          (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI ANAND KUMAR SHARMA - ADVOCATE)

                          AND
                          DEEPAK KUMAR VANSHKAR S/O KISHORILAL
                          VANSHAKAR, AGED ABOUT 32 YEARS, OCCUPATION:
                          BUSINESSMAN R/O MAUCHUNGI SUDHA SAGAR ROAD,
                          TIKAMGARH, TEHSIL AND DISTT. TIKAMGARH
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (NONE)

                                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/0000141/2019 filed by respondent/husband u/s Section 9 of the Hind u Marriage Act from the Court of Principal Judge, Family Court, Tikamgarh to Additional District Judge, Kurwai.

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, Tikamgarh and it would be convenient to her to attend proceedings in the court of Additional District Judge, Kurwai because a case filed at the instance of wife under Section 12 of Domestic Violence Act, is pending at Kurwai in which respondent/husband is already appearing, therefore, as per convenience of the wife, who is residing at Kurwai, the case no. RCSHM/0000141/2019 filed by husband under Section 9 of the Hindu Marriage Act, deserves to be transferred from the Court of Principal Judge, Family Court, Tikamgarh to Additional District Judge, Kurwai. 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, Tikamgarh to Additional District Judge, Kurwai.

3. None for the respondent, even though served.

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/0000141/2019 pending in the Court of Principal Judge, Family Court, Tikamgarh deserves to be and is hereby directed to be transferred to Additional District Judge, Kurwai.

5. A copy of this order be sent to the Court of Principal Judge, Family Court, Tikamgarh to be placed in the file of RCSHM/0000141/2019. A copy of this order be also sent to Additional District Judge, Kurwai.

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