Madhya Pradesh High Court
Reena vs Ramchandra on 16 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:10083
1 MCC-3598-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 16 th OF APRIL, 2025
MISC. CIVIL CASE No. 3598 of 2024
REENA
Versus
RAMCHANDRA
Appearance:
Mr. Sachin Subnis, counsel for the petitioner.
ORDER
This application has been filed on behalf of the petitioner/wife for transfer of
the case RCSHM No.137/2024 pending before Additional Principal Judge, Family
Court, Ujjain to Additional District Judge, District Court, Shajapur (MP).
2. During the course of arguments, counsel for the petitioner submits that the
husband of petitioner has filed the case in Family Court, Ujjain under Section 13
of Hindu Marriage Act, whereas the petitioner is living in Shajapur. Therefore, it
is very inconvenient for her to attend the Court at Ujjain. Hence, prays for transfer
of the case to Shajapur from Ujjain.
3. So far as the notice to the respondent is concerned, certainly no notice has
been issued to the respondent party. However, 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 of
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
NEUTRAL CITATION NO. 2025:MPHC-IND:10083
2 MCC-3598-2024
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."
4. 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......."
5. I have heard the counsel for petitioner and perused the case record.
6. Petitioner/wife is residing at Sujalpur City, District-Shajapur. She is unable to
defend the case pending before Principal Judge, Family Court, Ujjain. The
distance between Ujjain to Shajapur is approximately 70 Kms., therefore, it is
very difficult for the petitioner to manage the traveling on each date of hearing at
Ujjain. Therefore, in the interest of justice RCS HM No.137/2024 pending before
Additional Principal Judge, Family Court, Ujjain, be transferred to the Court of
Additional District Judge, Shujalpur, District-Shajapur (MP).
7. 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/wife is residing at
Shujalpur City, District-Shajapur which is approximately 70 kilometres away from
Ujjain. It would be difficult for her to attend the Court at Ujjain on every date from
Sujalpur City where she is now residing.
8. 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) and Sumita Singh (Supra) , this Court is of the
considered view that the case be transferred to the same Court without hearing to
the respondent/party. Accordingly, present petition is allowed and case RCS HM
NEUTRAL CITATION NO. 2025:MPHC-IND:10083
3 MCC-3598-2024
No.137/2024 pending before Principal Judge, Family Court, Ujjain is transferred
to the Court of Additional District Judge, Sujalpur, District-Shajapur (MP).
9. The Principal Judge, Family Court, Ujjain is directed to send the record of case
RCS HM No.137/2024 filed by respondent to the Court of Additional District
Judge, Shujalpur City, District-Shajapur within a period of 15 days from the date
of receiving the copy of this order.
10. Additional District Judge, Sujalpur City, District-Shajapur is also directed to
allot the case as per the ongoing roster.
11. Let copy of this order be sent to both the concerned Courts for information
and compliance.
12. Accordingly, the miscellaneous civil case stands allowed and disposed of
with the aforesaid observation.
Certified copy, as per Rules.
(PREM NARAYAN SINGH)
JUDGE
Arun/-
