Madhya Pradesh High Court
Smt. Umalaxmi Shukla vs Nitin Dubey on 21 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 21 st OF MAY, 2024
MISC. CIVIL CASE No. 459 of 2024
BETWEEN:-
SMT. UMALAXMI SHUKLA, W/O SHRI NITIN DUBEY, D/O
SHRI RAJKISHORE SHUKLA, AGED 37 YEARS,
OCCUPATION: HOUSEWIFE, R/O HOUSE NO.A-10/20,
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ANAND PUROHIT- ADVOCATE)
AND
NITIN DUBEY, S/O SHRI RAMESH KUMAR DUBEY,
AGED 39 YEARS, OCCUPATION: PRIVATE JOB R/O H.NO.
192-193 LINE NO.2 BIRLA NAGAR HAZIRA CHOURAHA,
DISTRICT GWALIOR CURRENT R/O 5/6, 7/8 OFFICERS
MESS, OPPOSITE OF MATERNITY HOSPITAL BIRLA
NAGAR, DISTRICT-GWALIOR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI KARTIK KARARA- ADVOCATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
The applicant/wife has filed this application under Section 24 of CPC
seeking transfer of Case No.1363/2023 (HMA) pending before the Principal
Judge, Family Court, Gwalior to the Family Court, District- Ujjain (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
06/05/2018 as per Hindu rites and rituals at Ujjain and out of their wedlock, one
girl child was born who is residing with the applicant. After the marriage, family
members of the respondent started demanding car and air conditioners and on
not fulfillment of the said demand, they started harassing her physically and
mentally. Thereafter, when the applicant was pregnant, respondent left her at
Ujjain i.e. her parental home and told to get medical treatment to diagnose baby
boy and made clear that if she gave birth to a boy child, then only she would be
allowed to enter into her matrimonial home. On 11/04/2020, when the news of
the birth of a girl child was heard by the respondent and his family members,
they blocked the mobile numbers of the entire family of the applicant and
refused to talk her and denied to provide any support for the subsistence of the
applicant and her girl child. After that, respondent has filed a case under
Section 9 of Hindu Marriage Act for restitution of conjugal rights at Family
Court, Gwalior which was transferred at Ujjain vide order dated 20/07/2022
passed in Misc. Civil Case No.1282/2020. Subsequently, applicant filed a
complaint of Domestic Violence and harassment against the respondent and his
family members which is pending consideration before the Judicial Magistrate,
Ujjain. Now, respondent has filed an application under Section 13 of Hindu
Marriage Act for dissolution of Marriage before the Family Court, Gwalior
(M.P.) which is pending consideration. Applicant is a lady and she is having
one daughter aged about four year and she is facing difficulty in attending the
court proceedings at Gwalior (M.P.), therefore, it is prayed that Case
No.1363/2023 (HMA) pending before the Principal Judge, Family Court,
Gwalior be transferred to the Family Court, District- Ujjain (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.
It is a case where applicant is seeking transfer of case No.1363/2023
(HMA) preferred by the respondent pending before the Principal Judge, Family
Court, Gwalior to the Family Court, District- Ujjain (M.P.). Since applicant is
living at Ujjain, 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.1363/2023 (HMA) pending before the Principal
Judge, Family Court, Gwalior (M.P.) is transferred to the Family Court, Ujjain,
District- Ujjain (M.P.). The Principal Judge, Family Court, Gwalior is directed
to remit the record of the case to the Family Court, District- Ujjain (M.P.) with a
direction to the Family Court, Ujjain to intimate the date of appearance to the
parties in accordance with law.
With the aforesaid, this petition stands allowed and disposed of.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
rahul
