Smt. Neha Sharma W/O Shri Abhishek ... vs Abhishek Pathak
2024 Latest Caselaw 12746 MP

Madhya Pradesh High Court

Smt. Neha Sharma W/O Shri Abhishek ... vs Abhishek Pathak on 6 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                               1
                            IN       THE     HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                         BEFORE
                                               HON'BLE SHRI JUSTICE HIRDESH
                                                    ON THE 6 th OF MAY, 2024
                                               MISC. CIVIL CASE No. 634 of 2023

                           BETWEEN:-
                           SMT. NEHA SHARMA W/O SHRI ABHISHEK PATHAK D/O
                           LATE SHRI MOHANLAL SHARMA, AGED ABOUT 30
                           YEARS, OCCUPATION: HOUSEWIFE R/O D-4 NANDAN
                           VAN SOCIETY NAVLAKHA A.B. ROAD INDORE
                           (MADHYA PRADESH)

                                                                                               .....APPLICANT
                           (SHRI PRASOON          BIRTHARE,        LEARNED      COUNSEL       FOR     THE
                           PETITIONER)

                           AND
                           ABHISHEK PATHAK S/O LATE SHRI SURESH PATHAK,
                           AGED ABOUT 33 YEARS, OCCUPATION: SERVICE R/O
                           37/7 RADHAGANJ DEWAS (MADHYA PRADESH)

                                                                                            .....RESPONDENT
                           (NONE FOR THE RESPONDENT EVEN AFTER SERVICE OF NOTICE)

                                  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 Case No.13/2022 pending before Principal Judge, Family Court, Dewas to the court of Second Additional Principal Judge, Family Court, Indore.

2. This petition is filed on the ground that the applicant has no source of income of her own and she is having a little child with her. It is very difficult for the applicant to travel with her child. There is no one in the family to

accompany her to attend attending the hearing at Dewas. On above grounds, it is prayed that RCSHM Case No.13/2022 pending before Principal Judge, Family Court, Dewas be transferred to the court of Second Additional Principal Judge, Family Court, Indore.

3. 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.

4. 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 and mother of a child, the present petition is allowed and RCSHM Case No.13/2022 pending before Principal Judge, Family Court, Dewas is transferred to the court of Second Additional Principal Judge, Family Court, Indore.

5. Parties are directed to appear before Second Additional Principal Judge, Family Court, Indore on 31.05.2024.

MCC stands allowed and disposed off.

(HIRDESH) JUDGE N.R.