Sonam vs Jayant
2024 Latest Caselaw 16264 MP

Madhya Pradesh High Court

Sonam vs Jayant on 30 May, 2024

Author: Anil Verma

Bench: Anil Verma

                                                                 1
                            IN     THE         HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          BEFORE
                                              HON'BLE SHRI JUSTICE ANIL VERMA
                                                      ON THE 30 th OF MAY, 2024
                                                MISC. CIVIL CASE No. 1069 of 2024

                           BETWEEN:-
                           SONAM W/O JAYANT MAVAR, AGED ABOUT 27 YEARS,
                           OCCUPATION: NOTHING R/O PATEL COLONY PIPLODA
                           ROAD JAVRA DISTT. RATLAM (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI DEEPIKA RATHI, ADVOCATE.)

                           AND
                           JAYANT S/O RADHESHYAM MAVAR, AGED ABOUT 29
                           YEARS, OCCUPATION: BUSINESSMAND R/O NEW ABADI
                           DEWAS (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI AKHILESH KUMAR MISHRA, ADVOCATE.)

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

Both the parties heard finally.

02. The petitioner has preferred this petition under Section 24 read with Section 151 of CPC seeking transfer of case No.RCS/HM/12/2024 pending before the Principal Judge, Family Court, Dewas to the Principal Judge, Family Court, Ratlam.

03. Learned counsel for the petitioner submits that the respondent / husband has filed the case No.RCS/HM/12/2024 for decree of divorce against the petitioner which is pending before the Family Court, Ratlam. She has filed

another case under Section 125 of Code of Criminal Procedure, 1973 and case

under Adoption and Minatenance Act, 1956 which is pending before the Ratlam Court. The distance from Dewas to Ratlam is about 140 kms, therefore, the appearance of the petitioner before the Family Court, Dewas would cause inconvenience to her as she does not have any independent source of income. Learned counsel has placed reliance on the judgments passed by this Court in case of Smt. Pallavi V/s Shri praveen in MCC No.194 of 2017, Smt. Khusboo @ Arti Sharma V/s Shubham Sharma @ Pintu Sharma in MCC no.732 of 2022 and Yashoda Dangi V/s Rambabu Dangi in MCC No.985 of 2018.

04. Per contra, learned counsel for the respondent opposes the aforesaid

by submitting that the petitioner may appear before the Court at Dewas through video conferencing, therefore, there is no need to transfer the case to the Court situated at Ratlam. Learned counsel has placed reliance on the judgments passed by this Court in case of Smt. Savdeep Kaur V/s Shri Sunny Rajpal in MCC No.1091 of 2023 and Smt. Mahima Patel V/s Ved Prakash Patel in MCC No.2840 of 2023.

05. Both the parties heard at length and perused the record.

06. After perusal of the record, it appears that the petitioner / wife is living in Ratlam and there are two other cases filed by her which are also pending before different Courts of Ratlam and she has no independent source of income, therefore, she filed an application under Section 125 of Cr.P.C. for grant of maintenance. She is living with her old age parents, the distance from Dewas to Ratlam is 140 kms and she does not have any person to support her to attend the hearing at Dewas. Complete trial is not possible through video conferencing.

07. In view of the aforesaid, the petitioner has make out a case of transfer of matrimonial dispute from Dewas to Ratlam. Accordingly, case No.RCS/HM/12/2024 pending before the Principal Judge, Family Court, Dewas is transferred to the Principal Judge, Family Court, Ratlam.

08. Both the parties shall appear before the Principal Judge, Family Court, Ratlam on 02.07.2024.

09. This MCC stands allowed and disposed of.

(ANIL VERMA) JUDGE Divyansh