Smt. Harshita Wo Yash Sethiya vs Yash Sethiya
2024 Latest Caselaw 6235 MP

Madhya Pradesh High Court

Smt. Harshita Wo Yash Sethiya vs Yash Sethiya on 29 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                               1
                            IN       THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                         BEFORE
                                               HON'BLE SHRI JUSTICE HIRDESH
                                               ON THE 29 th OF FEBRUARY, 2024
                                                MISC. CIVIL CASE No. 80 of 2024

                           BETWEEN:-
                           SMT. HARSHITA W/O YASH SETHIYA D/O VINOD
                           KUMAR, AGED ABOUT 28 YEARS, OCCUPATION: HOUSE
                           WIFE VILLAGE KALUKHEDA, TEHSIL PIPLODA,
                           DISTRICT RATLAM (MADHYA PRADESH)

                                                                                              .....PETITIONER
                           (BY SHRI AMISH SANGHVI - ADVOCATE )

                           AND
                           YASH SETHIYA S/O SANDEEP SETHIYA, AGED ABOUT 78
                           YEARS, OCCUPATION: BUSINESS 78, SAINATH COLONY,
                           SANWAR ROAD, UJJAIN DISTT. UJJAIN (MADHYA
                           PRADESH)

                                                                                            .....RESPONDENT
                           (BY SHRI AKHILESH KUMAR CHOUDHARY - ADVOCATE)

                                 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 RCSHM No.378/2023 pending before Principal Judge, Family Court, Ujjain to the Court of learned II Additional District Judge, Jaora, District Ratlam.

2. This petition is filed on the ground that petitioner is a poor lady and totally dependent on her parents for her livelihood. It is further submitted that that she has a daughter who is only 18 months old and it is very difficult for the petitioner to travel to Ujjain to attend the Court proceedings which is about 100

Kms. from Ratlam. It is also submitted that her father is old aged person and there is no other member in her family to take her to attend each and every court proceedings at Ujjain. On above grounds, it is prayed that RCSHM No.378/2023 pending before Principal Judge, Family Court, Ujjain be transferred to the Court of learned II Additional District Judge, Jaora, District Ratlam.

3. Per contra, learned counsel for the respondent opposes the petition and prays for its dismissal.

4. The Apex Court in the case of Sumita 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, the present petition is allowed and RCSHM No.378/2023 pending before Principal Judge, Family Court, Ujjain is transferred to the Court of learned II Additional District Judge, Jaora, District Ratlam.

6. Parties are directed to appear before the II Additional District Judge, Jaora, District Ratlam on 11.03.2024.

MCC stands allowed and disposed off.

(HIRDESH) JUDGE RJ