Madhya Pradesh High Court

Madhu @ Monica Nimb vs Himanshu on 1 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                              HON'BLE SHRI JUSTICE HIRDESH
                                                    ON THE 1 st OF MAY, 2024
                                               MISC. CIVIL CASE No. 100 of 2024

                           BETWEEN:-
                           MADHU @ MONICA NIMB W/O HIMANSHU, AGED
                           ABOUT 32 YEARS, OCCUPATION: UNEMPLOYED ANAND
                           NAGAR ROAD, BAHODAPUR, GWALIOR (MADHYA
                           PRADESH)

                                                                                             .....APPLICANT
                           (SHRI GAGAN PARASHAR, LEARNED COUNSEL FOR THE PETITIONER)

                           AND
                           HIMANSHU S/O SHRI KISHOR KUMAR PREETMANI,
                           AGED ABOUT 34 YEARS, OCCUPATION: SERVICE 51-B,
                           VAISHALI NAGAR, NEAR BAPNA TENT HOUSE,
                           ANNAPURNA ROAD, INDORE (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                           (SHRI ANUBHAV        RAJ    PANDEY,     LEARNED      COUNSEL FOR         THE
                           RESPONDENT)

                                 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 HMA Case No.1196/2023 pending before First Additional Principal Judge, Family Court, Indore to Family Court, Gwalior.

2. This petition is filed on the ground that the applicant is an unemployed woman and it is very difficult for her to attend the hearing at Indore. It has also been stated that the applicant is suffering from medical ailments causing sudden and grave pain to the petitioner making it quite cumbersome to visit Indore.

Petitioner has to take urgent medical assistance in such case which may not be possible in a city which is not familiar to petitioner. The distance between Indore and Gwalior is more than 500 kilometers. The petitioner is required to take one companion and make huge expenditure for travelling and staying in Indore. On above grounds, it is prayed that HMA Case No.1196/2023 pending before First Additional Principal Judge, Family Court, Indore be transferred to Family Court, Gwalior.

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 Indore. He further submits that respondent is ready to pay the

expenses to attend the hearing at Indore and prays for dismissal of the present petition.

4. 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 an unemployed woman and she is suffering from ailments, the present petition is allowed and HMA Case No.1196/2023 pending before First Additional Principal Judge, Family Court, Indore is transferred to Family Court, Gwalior.

6. Parties are directed to appear before Principal Judge, Family Court, Gwalior on 27.05.2024.

MCC stands allowed and disposed off.

(HIRDESH) JUDGE N.R.