Smt. Nisha Singh vs Dr. Chandra Bhan Singh
2024 Latest Caselaw 15827 MP

Madhya Pradesh High Court

Smt. Nisha Singh vs Dr. Chandra Bhan Singh on 28 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 28 th OF MAY, 2024
                                             MISC. CIVIL CASE No. 2387 of 2023

                           BETWEEN:-
                           SMT. NISHA SINGH, W/O SHRI CHANDRA BHAN SINGH
                           GURJAR, AGED 32 YEARS, OCCUPATION: HOUSEWIFE,
                           R/O H.NO.18 B HARIOM COLONY, MORAR, DISTRICT-
                           GWALIOR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI SAMAR GHURAIYA- ADVOCATE)

                           AND
                           DR. CHANDRA BHAN SINGH, S/O SHRI MEHTAB SINGH
                           GURJAR, AGED 32 YEARS, OCCUPATION: PRIVATE
                           WORK, R/O LAL TIPARA, BALAJIPURAM, MORAR,
                           DISTRICT-GWALIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (NONE)

                                 This application coming on for hearing this day, the court passed the
                           following:
                                                              ORDER

Notice has been issued to the respondent several times but the same received back unserved due to non-availability of respondent on the given address, therefore, service of notice on respondent is deemed to have been taken place.

Heard on main application.

T he applicant/wife has filed this application under Section 24 of CPC seeking transfer of Case No.77/2023 (HMA) pending before 1st Additional District Judge, Karera, District- Shipuri (M.P.) to the Family Court, District-

Gwalior (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 22/01/2019 as per Hindu rites and rituals at Gwalior and after marriage, respondent started demanding of different types of household items, for which, family members of the applicant transferred the money but the respondent was not satisfied and she was harassed physically and mentally and thereafter, she was thrown out from her matrimonial home. Now, she is living with her parents. Thereafter, she made a complaint in relation to cruelty at Police Station- Padav, District- Gwalior (M.P.) and as a counter blast, respondent filed a case under

Section 9 of Hindu Marriage Act for restitution of conjugal rights before 1st Additional District Judge, Karera, District- Shivpuri (M.P.), which is pending consideration. Applicant is a lady and she is facing difficulty in attending the court proceedings at Karera, District- Shivpuri (M.P.), therefore, it is prayed that Case No.77/2023 (HMA) pending before the 1st Additional District Judge, Karera, District- Shivpuri (M.P.) be transferred to the Family Court, District- Gwalior (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.77/2023 (HMA) preferred by the respondent pending before 1st Additional District Judge, Karera, District- Shivpuri (M.P.) to the Family Court, Gwalior, District- Gwalior (M.P.). Since applicant is living at Gwalior, 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.77/2023 (HMA) pending before 1st Additional District Judge, Karera, District- Shivpuri (M.P.) is transferred to the Family Court, District- Gwalior (M.P.). T h e 1st Additional District Judge, Family Court, Karera, District- Shivpuri is directed to remit the record of the case to the Family Court, District- Gwalior (M.P.) with a direction to the Family Court, Gwalior 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