Madhya Pradesh High Court
Smt. Richa Sahu vs Shri Hemant Sahu on 15 May, 2024
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 15 th OF MAY, 2024
MISC. CIVIL CASE No. 776 of 2024
BETWEEN:-
SMT. RICHA SAHU, W/O SHRI HEMANT SAHU D/O SHRI
RAMDAS SAHU, AGED 26 YEARS, R/O PAGARA ROAD
ABHINAV VATIKA BEHIND ASHOKA GARDEN, SAGAR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ABHISHEK PARASHAR- ADVOCATE)
AND
SHRI HEMANT SAHU, S/O SHRI CHARAN SINGH SAHU,
AGED 27 YEARS, R/O OLD WARD NO.32, NEW WARD
NO.34 AHMADPUR MARG, AYODHYA BASTI GALI NO.4,
VIDISHA, TAHSIL AND DISTRICT- VIDISHA (MADHYA
PRADESH)
.....RESPONDENT
(NONE FOR THE RESPONDENT)
This application coming on for hearing this day, the court passed the
following:
ORDER
T he applicant/wife has filed this application under Section 24 of CPC
seeking transfer of Case No.121/2022(HMA) pending before the Principal
Judge, Family Court, Vidisha to the Family Court, District- Sagar (M.P.).
It is the submission of learned counsel for the applicant/wife that marriage
of the applicant with the respondent/non-applicant was solemnized on
30/05/2021 as per Hindu rites and rituals at Sagar and out of their wedlock, one
girl child was born on 19/06/2022 and owing to birth of girl child, family
members of the respondent/non-applicant were unhappy and started harassing
her. Respondent has deserted the applicant from her matrimonial home on
03/07/2022 and since then, she is residing with her parents. Thereafter,
respondent has filed the petition under Section 9 of Hindu Marriage Act for
restitution of conjugal rights at Family Court, Vidisha which is pending
consideration. Applicant is a lady and she is having one girl aged about one
year. She is facing difficulty in attending the court proceedings at Vidisha
(M.P.), therefore, it is prayed that Case No.121/2022(HMA) pending before the
Principal Judge, Family Court, Vidisha be transferred to the Family Court,
District- Sagar (M.P.).
It is further submitted that in the matter of transfer of case, convenience
of wife should be paramount consideration. Reliance has been placed over the
judgments of this Court in the matter of Vandana Vs. Angad Singh Jadav,
2006 (1) MPLJ 463, Smita Jain Vs. Anil Kumar Jain, 2012 (3) MPLJ
467, Smt. Shailey Madne Vs. Pankaj Kumar Madne, 2012 (4) MPHT
521 and Jyoti Bangde (Smt.) Vs. Sanjay Bangde, ILR (2010) MP 2425
wherein this Court has held that convenience of wife should be preferred while
considering the question of transfer of case. It is also settled principle of the law
that in the matter of difficulties and convenience, the woman requires more
consideration in comparison of man.
Heard.
I t is a case where applicant is seeking transfer of case No.121/2022
(HMA) preferred by the respondent pending before the Principal Judge, Family
Court, Vidisha to the Family Court, District- Sagar (M.P.). Since applicant is
living at Sagar, therefore, her convenience should be paramount consideration
for this Court.
This Court in the matter of Jyoti Bangde (Smt.) (supra) has given
direction for consideration of the convenience of the wife. Being woman she
requires more consideration as compared to man. Therefore, relying upon the
judgment rendered in the matter of Jyoti Bangde (Smt.) (supra) as well as fact
situation of the case, Case No.121/2022 (HMA) pending before the Principal
Judge, Family Court, Vidisha is transferred to the Family Court, Sagar, District-
Sagar (M.P.). The Principal Judge, Family Court, Vidisha is directed to remit
the record of the case to the Family Court, District- Sagar (M.P.) with a
direction to the Family Court, Sagar to intimate the date of appearance to the
parties in accordance with law.
With the aforesaid, this petition stands allowed and disposed of.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
rahul
