Madhya Pradesh High Court
Hitisha Jain Through Mother Prema vs Pravin Jain on 3 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:8937
1 MCC-2039-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 3 rd OF APRIL, 2025
MISC. CIVIL CASE No. 2039 of 2024
HITISHA JAIN THROUGH MOTHER PREMA
Versus
PRAVIN JAIN
Appearance:
Shri Vikas Yadav, Advocate for the petitioner.
None for the respondent, though served.
ORDER
Heard
The petitioner has filed the present petition under Section 24 of the
CPC seeking transfer of MJC No.349/2023 filed u/S 125 of Cr.P.C., pending
before the Principal Judge, Family Court, District Indore to the Family
Court, District Ujjain.
2. The marriage of Prerna Jain (mother of petitioner) and
respondent/husband Pravin Jain was solemnized on 20.10.2020 at Indore, as
per Hindu rituals and customs. They were blessed with a daughter namely,
Hitisha Jain (petitioner) aged about 02 years on 28.10.2021. However, due
to disputes, wife and respondent both are residing separately and at present,
their daughter (petitioner) is residing alongwith her mother at her maternal
grandparent's house at Ujjain. Thereafter on 09.03.2023, petitioner's mother
has filed an application u/S 125 of Cr.P.C for maintenance which is pending
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2 MCC-2039-2024
before Principal Judge, Family Court, Indore.
3. Learned counsel for the petitioner has submitted that petitioner is a
minor girl, aged 02 years and she is residing alongwith her mother at her
maternal grandparents' house at Ujjain and her primary education at Ujjain
has started and on account of travelling to Indore, the studies of petitioner
will get affected. It is also submitted that respondent is a violent person and
while going on rampage had broken valuables of the home many times and
he used to abuse petitioner's mother which creates a negative effect on child
growth. On these grounds, he prayed that this petition be allowed and MJC
No.349/2023 filed u/S 125 of Cr.P.C., pending before Principal Judge,
Family Court, Indore be transferred to Family Court, District Ujjain.
4. No one is present for the respondent, even though served.
5. On this aspect, it is pertinent to mention that as per Section 24 of
C.P.C. and by the judgment of Hon'ble Apex Court in the case of Gohar
Mohammed Vs. U.P. State Road Transport Corporation & Others passed in
Civil Appeal No. 9322/2022, it can be transferred without hearing of the
parties. Relevant portion of the case Gohar (Supra) is reproduced below :-
"In case the claimant(s) or legal representative(s)
of the deceased have filed separate claim petition(s) in
the territorial jurisdiction of different High Courts, in
the said situation, the first claim petition filed by the
claimant(s)/legal representative(s) shall be maintained
by the said Claims Tribunal and the subsequent claim
petition(s) shall stand transferred to the Claims Tribunal
where the first claim petition was filed and pending."
6. That apart, Section 24 of C.P.C. itself provides that the Court "of its
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own motion without such notice, the High Court or the District Court may at
any stage, transfer any suit, appeal etc......."
7. I have heard the counsel for the petitioner and perused the case
record.
8. Petitioner alongwith her mother is residing at Ujjain. She is unable
to defend the case pending before Principal Judge, Family Court, District
Indore and the distance between Indore to Ujjain is approximately 50 Kms.,
therefore, it is very difficult for the petitioner and her mother to manage the
travelling on each date that too petitioner being minor, aged 02 years and due
to the travelling, the studies of petitioner is also affected. Therefore, in the
interest of justice MJC No.349/2023 pending before Principal Judge, Family
Court, Indore be transferred from that Court to Family Court, Ujjain. In a
case, wherein husband files matrimonial proceedings at a place where wife
does not reside, the convenience of wife must be looked at as held by the
Apex Court in the case of Sumita Singh vs. Kumar Sanjay and another
reported in AIR 2002 SC 396. It is evident from the record that petitioner is
residing at Ujjain which is is approximately 50 Kms., away from Indore. It
would be difficult for her to attend the Court at Indore on every date from
Ujjain where she is now residing.
9. In view of the aforesaid, as per Section 24 of C.P.C. as well as law
laid down in the case of Gohar (Supra) & Sumita Singh (Supra), this Court is
of the considered view that the case be transferred to the same Court without
hearing of the respondent. Accordingly, present petition is allowed and MJC
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No.349/2023 pending before Principal Judge, Family Court, Indore is
transferred from that Court to the Family Court, Ujjain.
10. The Principal Judge, Family Court, Indore is directed to send the
record of case MJC No.349/2023 filed by petitioner to the Family Court,
District Ujjain, within a period of 15 days from the date of receipt of
certified copy of this order.
11. Let copy of this order be sent to both concerned Courts for
information and compliance.
12. Accordingly, MCC is allowed with the aforesaid observations.
Certified copy, as per Rules.
(PREM NARAYAN SINGH)
JUDGE
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