Smt. Depanjali Giri vs Suresh Prasad Pandey @ Hardoha Maharaj
2024 Latest Caselaw 17 MP

Madhya Pradesh High Court

Smt. Depanjali Giri vs Suresh Prasad Pandey @ Hardoha Maharaj on 2 January, 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 2 nd OF JANUARY, 2024
                                              MISC. CIVIL CASE No. 2562 of 2023

                            BETWEEN:-
                            SMT. DEPANJALI GIRI D/O D/O SHRI S. N. GIRI W/O
                            SHRI SURESH PRASAD GIRI, AGED ABOUT 38 YEARS,
                            OCCUPATION: HOUSE WIFE R/O GRAM ABHYANK
                            MENTION PATEL NAGAR CITY CENTRE DISTRICT
                            GWALIOR (M.P.) (MADHYA PRADESH)

                                                                                           .....APPLICANT
                            (BY SHRI PRAHLAD CHOUDHARY, ADVOCATE)

                            AND
                            SURESH PRASAD PANDEY @ HARDOHA MAHARAJ S/O
                            LATE SHRI CHANDRIKA PRADAD R/O GRAM SAPHI
                            POST KUBRI POLICE STATION BEHRI DISTRICT SIDHI
                            (M.P.) (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                            (NONE)

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

The present petition has been filed by the wife/applicant under Section 24 of the Code of Civil Procedure, who has prayed for the transfer of the petition bearing Case No.MJC(Civil) No.4/2023 filed by applicant/wife under Order 9 Rule 13 CPC for setting aside ex parte judgment and decree dtd. 08.04.2023 passed on the respondent/husband's application u/s Section 9 of Hindu Marriage Act from the Court of Principal Judge, Family Court, Sidhi to Family Court, Gwalior.

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, Sidhi and it would be convenient to her to attend proceedings in the Family Court at Gwalior. He further submits that an application under Order 9 Rule 13 CPC is pending in the Family Court at Gwalior. At the same time other two cases i.e. under Section 11 of Hindu Marriage Act being RCSHM 1094/2022 before Family Court, Gwalior and under Section 420, 376, 323, 294, 506/34 of IPC before Addl. Sessions Judge are pending adjudication in the Courts at Gwalior, wherein the respondent is appearing. In support of his submissions, learned counsel placed reliance on the

decisions of the 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 Case No.MJC(Civil) No.4/2023 from the Court of Principal Judge, Family Court, Sidhi to Family Court, Gwalior.

3. Despite service of notice on the respondent none is appearing to oppose the prayer made by the applicant/wife.

4. Considering the submissions of learned counsel for the applicant and in the light of aforesaid judgments of Supreme Court and taking into consideration the convenience of wife, the case bearing MJC(Civil) No.4/2023 pending in the Court of Principal Judge, Family Court, Sidhi deserves to be and is hereby directed to be transferred to Family Court, Gwalior.

5. A copy of this order be sent to the Court of Principal Judge, Family Court, Sidhi to be placed in the file of MJC No.4/2023. A copy of this order be also

sent to the Family Court, Gwalior.

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

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

(DWARKA DHISH BANSAL) JUDGE KPS