Mrs. Farida Jaha vs Khurshid Anwar Khan
2024 Latest Caselaw 16024 MP

Madhya Pradesh High Court

Mrs. Farida Jaha vs Khurshid Anwar Khan on 29 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                             HON'BLE SHRI JUSTICE HIRDESH
                                                  ON THE 29 th OF MAY, 2024
                                             MISC. CIVIL CASE No. 2436 of 2022

                           BETWEEN:-
                           MRS. FARIDA JAHA W/O KHURSHID ANWAR KHAN,
                           AGED ABOUT 56 YEARS, OCCUPATION: HOUSEHOLD
                           WORK HOUSE NO. 18, T.I.T. QUARTERS, GITA COLONY,
                           OPPOSITE BADE SAHAB, UJJAIN (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI MANISH MANANA - ADVOCATE)

                           AND
                           KHURSHID ANWAR KHAN S/O LATE FAZALHAQUE,
                           AGED ABOUT 71 YEARS, OCCUPATION: PROPERTY
                           DEALER HOUSE NO. 18/8, BANK COLONY, WARD NO. 34,
                           RATLAM (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI VEER KUMAR JAIN - SENIOR ADVOCATE WITH SHRI MAYANK
                           PATEL - ADVOCATE)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                              ORDER

The petitioner has filed this petition under Section 24 of the CPC seeking transfer of RCSA/18/2021 (Khurshid Anwar Vs. Farida Bi) pending before Principal Judge, Family Court, Ratlam to the Court of Principal Judge, Family Court, Ujjain.

2 . This petition is filed on the ground that petitioner is a lady of 56 years having no source of income. The respondent is facing trail of about 4 matters in the different Courts at Ujjain. The respondent is senior leader of

Ratlam Town and there is possibility of threat and hurt at Ratlam which cannot be ruled out. The distance between Ratlam and Ujjain is 103 Kms and travelling almost 200 Kms is not possible for the petitioner, who is suffering from various ailments. On above grounds, it is prayed that RCSA/18/2021 (Khurshid Anwar Vs. Farida Bi) pending before Principal Judge, Family Court, Ratlam be transferred to the Court of Principal Judge, Family Court, Ujjain.

3. Learned counsel for the respondent opposes the prayer by submitting that respondent filed suit for declaration of divorce on 31.03.2021, thereafter petitioner filed all the cases against the respondent in Ujjain and she cannot use the ground as a tool, hence, no ground is made out for transfer of

the case and prays for dismissal of this case.

4. The Apex Court in the case of Sumita 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 a n d RCSA/18/2021 (Khurshid Anwar Vs. Farida Bi) pending before Principal Judge, Family Court, Ratlam is transferred to the Court of Principal Judge, Family Court, Ujjain.

6. Parties are directed to appear before the Principal Judge, Family Court, Ujjain on 03.07.2024.

MCC stands disposed off

(HIRDESH) JUDGE RJ