Smt. Savitri vs Nilesh
2025 Latest Caselaw 91 MP

Madhya Pradesh High Court

Smt. Savitri vs Nilesh on 1 April, 2025

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

         NEUTRAL CITATION NO. 2025:MPHC-IND:8830




                                                                  1                                 MCC-1042-2025
                                IN    THE       HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                         BEFORE
                                        HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                      ON THE 1 st OF APRIL, 2025
                                                  MISC. CIVIL CASE No. 1042 of 2025
                                                              SMT. SAVITRI
                                                                 Versus
                                                                NILESH
                          Appearance:
                                Shri Ankit Kesharwani - advocate for the petitioner.

                                                                   ORDER

1. This petition has been preferred for transfer of case filed by respondent before learned Principal Judge, Family Court, District Dhar, bearing case RCHM No.11/2025 to the Court of learned Principal Judge Family, court Dewas.

2. The marriage of Smt. Savitri and Nilesh was solemnized on 10.02.2019 as per Hindu rituals and customs. In September 2020, a son namely Lakshya was borne out from their wedlock. After marriage, the respondent did not take sufficient care of the petitioner and the petitioner subjected to mental and physical cruelty by the respondent and his family members. They also demanded dowry and misbehaved with the petitioner. Thereafter, the petitioner started to live separately. The respondent has filed

an application under Section 9 of Hindu Marriage Act, for restitution of conjugal rights and the same is pending before Principal Judge, Family Court, Dhar pertaining to Suit RCHM No. 11/2025.

3. Learned counsel for the petitioner has submitted that the Respondent and his

family members have deep roots and well established connections in the local area and

society due to that the applicant is facing continuous non-cooperation and hostile

behavior of the respondent and his family members which causes serious trauma to the

NEUTRAL CITATION NO. 2025:MPHC-IND:8830

2 MCC-1042-2025 Applicant and his family members and therefore, the applicant is unable to attend the

case proceedings. Because the distance between the Dhar to Dewas is about 120 Kms

which takes around 2.5-03 hours to complete one side journey so it is very difficult to

travel such a long journey. On these grounds, he prayed that this petition be allowed

a n d RCHM No.11/2025 pending before the Court of Principal Judge, Dhar be

transferred to District Dewas.

4. I have heard the counsel for the petitioner and perused the case record.

5. 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 applicant/wife is residing at Dewas which is approximately 120 Kms., away from District Dhar. It would be difficult for her to

attend the Court on every date from Dewas where she is now residing.

6. So far as the notice to the respondents are concerned, certainly no notice has been issued to any of 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 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."

NEUTRAL CITATION NO. 2025:MPHC-IND:8830

3 MCC-1042-2025

7. 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......."

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) & Sumita Singh (Supra), this Court is of the considered view that the case be transferred to the Family Court, Dewas without hearing of the respondents/parties. Accordingly, present petition is allowed and Case RCHM No. 11/2025, Principal Judge, Family Court, District Dhar be transferred from that court to Principal Judge, Family Court, District Dewas.

9. The Principal Judge, Family Court, District Dhar is directed to send the record of Case RCHM No. 11/2025 to the court of Principal Judge, Family Court, District Dewas within a period of 15 days from the date of receiving the 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 observation.

C.C. as per rules.

(PREM NARAYAN SINGH) JUDGE VD