Madhya Pradesh High Court

Ravikant Solanki vs Smt. Jaya Solanki 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. 491 of 2024

                           BETWEEN:-
                           RAVIKANT SOLANKI S/O SHRI KARAN SOLANKI, AGED
                           ABOUT 44 YEARS, OCCUPATION: JUDICIAL OFFICER
                           105/1 MATESHWARI BHAVAN, OPPOSITE TO REST
                           HOUSE SANWER DIST INDORE (MADHYA PRADESH)

                                                                                              .....APPLICANT
                           (SHRI NEERAJ        KUMAR      SONI,    LEARNED      COUNSEL       FOR    THE
                           PETITIONER)

                           AND
                           SMT. JAYA SOLANKI W/O SHRI RAVIKANT SOLANKI,
                           AGED ABOUT 40 YEARS, OCCUPATION: HOUSEWIFE D-2
                           H.I.G. MUKHARJI NAGAR, DISTT DEWAS (MADHYA
                           PRADESH)

                                                                                           .....RESPONDENT
                           (SHRI PALASH         CHOUDHARY,         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 RCSHMA Case No.72/2021 pending before Principal Judge, Family Court, District-Dewas to Principal Judge, Family Court, Indore.

2. This petition is filed on the ground that the applicant is a judicial officer and

is posted as CJM, Dewas. He feels that due to pendency of the divorce matter at Dewas and posting of the applicant at the same place will create an unnecessary allegation regarding influencing the trial. It has also been stated that fair trial is mandate of law, when the applicant will face the trial during the posting at the same place becomes the violation of the principle of natural justice or it deems so. It has also been stated that he is ready to pay the legal expenses at lump -sum to the respondent to afford the transfer of case. On above grounds, it is prayed that RCSHMA Case No.72/2021 pending before Principal Judge, Family Court, District-Dewas be transferred to Principal Judge, Family Court, Indore.

3 . Per contra, learned counsel for the respondent opposes the present application and prays for dismissal of the same.

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 keeping in view the fact that petitioner is posted at the same place where the case is pending, hence, the present petition is allowed and RCSHMA Case No.72/2021 pending before Principal Judge, Family Court, District-Dewas is transferred to Principal Judge, Family Court, Indore. It is directed that petitioner shall pay the legal expenses to the respondent for attending the hearing at Indore.

6. Parties are directed to appear before Family Court, Bhopal on 31.05.2024.

(HIRDESH) JUDGE N.R.