Madhya Pradesh High Court

Harshana Jharia vs Yogesh Kumar Jharia on 7 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                              HON'BLE SHRI JUSTICE HIRDESH
                                                    ON THE 7 th OF MAY, 2024
                                               MISC. CIVIL CASE No. 2651 of 2023

                           BETWEEN:-
                           HARSHANA JHARIA W/O YOGESH KUMAR JHARIA,
                           AGED ABOUT 49 YEARS, 2/2, SHIVA WHISPERING
                           WOODS, NEAR AAKRITI GREENS, SALLIYA, BHOPAL
                           (MADHYA PRADESH)

                                                                                              .....PETITIONER
                           ( BY SHRI RAJESH NEMA - ADVOCATE APPEARING THROUGH V.C. AND
                           SHRI VIJAY GULANI- ADVOCATE)

                           AND
                           YOGESH KUMAR JHARIA S/O SHYAM SUNDAR JHARIA,
                           AGED ABOUT 56 YEARS, HOUSE NO. 136/A.G. VIJAY
                           NAGAR, VIJAY SCHEME NO. 54, INDORE (MADHYA
                           PRADESH)

                                                                                            .....RESPONDENT
                           (BY SHRI NARESH PIPLODIYA - 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.1842/2022 pending before Ist Additional Principal Judge, Family Court, Indore to Family Court, Bhopal.

2. This petition is filed on the ground that petitioner has no source of income and she has two ailing daughters hence it is very difficult for her to travel leaving her ailing daughters to attend the Court proceedings. It is also submitted that some cases are pending between the parties at District Court, Bhopal and

Family Court, Bhopal. On above grounds, it is prayed that RCSHM No.1842/2022 pending before Ist Additional Principal Judge, Family Court, Indore be transferred to Family Court, Bhopal.

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

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, the present petition is allowed and RCSHM No.1842/2022 pending before Ist Additional Principal Judge, Family Court, Indore is transferred to Family Court, Bhopal.

6. Parties are directed to appear before the Family Court, Bhopal on 27.05.2024.

MCC stands disposed off.

(HIRDESH) JUDGE RJ