Madhya Pradesh High Court
Priti Nagar vs Ankur Nagar on 8 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:9595
1 MCC-1231-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 8 th OF APRIL, 2025
MISC. CIVIL CASE No. 1231 of 2025
PRITI NAGAR
Versus
ANKUR NAGAR
Appearance:
Ms. Sapna Patwa, Advocate for the petitioner.
ORDER
Heard.
The petitioner has filed the present petition under Section 24 of the
CPC seeking transfer of RCS-HM No.1735/2024 filed u/S 13-1 of the Hindu
Marriage Act pending before the Principal Judge, Family Court, District
Indore to the Family Court, District Neemuch.
2. The marriage of petitioner/wife Priti Nagar and respondent/husband
Ankur Nagar was solemnized on 06.05.2017, as per Hindu rituals and
customs. They were blessed with a child on 03.07.2019, aged about 05 years.
After sometime of the marriage, the respondent and his family members
started demanding dowry and due to non-fulfillment of the said demand, they
hurled abuses and harassed her. Thereafter, the petitioner filed an application
u/S 144 of the BNSS, 2023 bearing MJCR No.193/2024 for maintenance and
u/S 9 of the Hindu Marriage Act bearing RCS-HM No.111/2024 for
restitution of conjugal rights and the same are pending before the Principal
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2 MCC-1231-2025
Judge, Family Court, Neemuch. Thereafter, petitioner has also filed an
application u/S 12 of the Protection of Women from Domestic Violence Act,
2005 bearing MJCR No.334/2024 pending before the JMFC, District Court,
Neemuch. However, due to said disputes, wife and respondent both are
residing separately and at present, petitioner is residing alongwith her her
minor child at Neemuch.
3. Learned counsel for the petitioner has submitted that petitioner
alongwith her minor child are residing at her paternal house in Neemuch and
her parents are of old age and she has also to look after her child therefore, it
is difficult for her to travel from Neemuch to Indore on each and every
hearing date. It is further submitted that since the petitioner has no source of
income she is incurring a huge money in traveling from Neemuch to Indore.
On these grounds, it is prayed that this petition be allowed and RCS-HMA
No.1735/2024 filed under Section 13(1) of Hindu Marriage Act, pending
before the Principal Judge, Family Court, Indore be transferred to the Family
Court, Neemuch. In support of his contention, counsel has placed reliance on
the judgement of the Apex Court in the case of N.C.V. Aishwarya Vs. A.S.
Saravana Karthik Sha, 2022 Livelaw (SC) 627.
4. So far as the notice to the respondent is concerned, certainly no
notice has been issued to the respondent party. However, 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
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3 MCC-1231-2025
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."
5. That apart, Section 24 of C.P.C. itself provides that the Court "of its
own motion without such notice, the High Court or the District Court may at
any stage, transfer any suit, appeal etc......."
6. I have heard the counsel for the petitioner and perused the case record.
7. The petitioner alongwith her minor child is residing at Neemuch. She is
unable to defend the case pending before Principal Judge, Family Court,
District Indore and the distance between Indore to Neemuch is approximately
270 Kms., therefore, it is very difficult for the petitioner to manage the
travelling on each date. Therefore, in the interest of justice RCS-
HM/1735/2024 pending before Principal Judge, Family Court, Indore be
transferred from that Court to Family Court, Neemuch. 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 Neemuch which
is is approximately 270 Kms., away from Indore. It would be difficult for her
to attend the Court at Indore on every date from Neemuch where she is now
residing.
8. In view of the aforesaid, as per Section 24 of C.P.C. as well as law
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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 RCS-
HM/1735/2024 pending before Principal Judge, Family Court, Indore is
transferred from that Court to the Family Court, Neemuch.
9. The Principal Judge, Family Court, Indore is directed to send the
record of case RCS-HM/1735/2024 to the Family Court, District Neemuch,
within a period of 15 days from the date of receipt of certified copy of this
order.
10. Let copy of this order be sent to both concerned Courts for
information and compliance.
11. Accordingly, MCC is allowed with the aforesaid observations.
Certified copy, as per Rules.
(PREM NARAYAN SINGH)
JUDGE
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