Madhya Pradesh High Court
Dr. Akansha Pandey vs Dr. Ashutosh Tripathi on 27 May, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 27 th OF MAY, 2024
MISC. CIVIL CASE No. 1127 of 2024
BETWEEN:-
DR. AKANSHA PANDEY W/O DR. ASHUTOSH TRIPATHI,
AGED ABOUT 32 YEARS, OCCUPATION: STUDENT
CHHATRAPATI NAGAR POLICE STATION SAMAN
TEHSIL HUZOOR DISTRICT REWA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ARUBENDRA SINGH PARIHAR, ADVOCATE)
AND
DR. ASHUTOSH TRIPATHI S/O SHRI ARVIND KUMAR
TRIPATHI, AGED ABOUT 28 YEARS, OCCUPATION:
GOVERNMENT DOCTOR VILLAGE MARWA POLICE
STATION JAITWARA AT PRESENT RAILWAY STATION
CHOWK JAITWARA POLICE STATION CHOWK TEHSIL
BIRSINGHPUR DISTRICT SATNA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ASHOK KUMAR GUPTA, ADVOCATE)
This application coming on for admission, this day, th e court passed
the following:
ORDER
Present petition has been filed by wife/applicant under Section 24 of the
Code of Civil Procedure, who has prayed for transfer of petition bearing Case
No. RCSHM/145/2023 filed by respondent/husband u/s Section 9 of the Hindu
Marriage Act from the Court of Principal Judge, Family Court, Satna to Family
Court, Rewa.
2. Learned counsel for the applicant submits that the applicant is facing
difficulty in participation of the proceedings pending in the Court of Principal
Judge, Family Court, Satna and it would be convenient to her to attend
proceedings in the Family Court at Rewa. He further submits that a case filed
on 02.09.2023 at the instance of wife under Section 13 of the Hindu Marriage
Act is pending adjudication before the Principal Judge, Family Court, Rewa
wherein the respondent is appearing, therefore, as per convenience of the wife,
who is residing at Rewa, RCSHM/145/2023 filed by husband on 10.04.2023
under Section 9 of the Hindu Marriage Act, deserves to be transferred from the
Court of Principal Judge, Family Court, Satna to Family Court, Rewa. In
support of his submissions, learned counsel placed reliance on decisions of
Hon'ble Supreme Court in the case of Tejalben v. Mihirbhai Bharatbhai Kothari
(2016) 3 SCC 69; Ruchi Rawat v. Principal Judge, Family Court, Etah and
another 2022 SCC Online SC 2036; Manjula Singh Chouhan v. Vishal Singh
Chouhan (2019) 13 SCC 660 & Sumita Singh v. Kumar Sanjay and Anr.
(2001) 10 SCC 41 and prays for transfer of petition from the Court of
Principal Judge, Family Court, Satna to Family Court, Rewa.
3. Learned counsel for the respondent/husband vehemently opposed the
prayer for transfer of the case on the ground that respondent is a government
doctor and due to leave issues, he is not in a position to attend the case
regularly at Rewa.
4. Considering the submissions made by learned counsel for the parties and
in the light of aforesaid judgments of Supreme Court and taking into
consideration convenience of wife, the case under Section 9 of Hindu Marriage
Ac t, filed by respondent/husband bearing RCSHM/145/2023 pending in the
Court of Principal Judge, Family Court, Satna deserves to be and is hereby
directed to be transferred to Family Court, Rewa.
5. A copy of this order be sent to the Court of Principal Judge, Family Court,
Satna to be placed in the file of RCSHM/145/2023. A copy of this order be
also sent to Family Court, Rewa.
6. With the above, this MCC is allowed and disposed off.
7. Pending application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
KPS
