[Cites 8, Cited by 0]
Madhya Pradesh High Court
Smt Pallawi Lalwani Alias Pnkhudi vs Ashish Savlani on 1 December, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-JBP:62188
1 MCC-3538-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 1 st OF DECEMBER, 2025
MISC. CIVIL CASE No. 3538 of 2024
SMT PALLAWI LALWANI ALIAS PNKHUDI
Versus
ASHISH SAVLANI
Appearance:
Shri Anand Chawla - Advocate for appellant.
None for respondent.
ORDER
None appears for respondent despite service of notice, therefore,
respondent is proceeded ex-parte.
2. Applicant has filed this application under Section 24 of C.P.C. for
transfer of case filed by the non-applicant/respondent bearing Case
No.RCSHM 136/2024 (Ashish Savlani Vs. Smt. Pallawi Lalwani @
Pankhudi) pending before the Court of Principal Judge, Family Court,
Narsinghpur, District Narsinghpur to the Court of Principal Judge, Family
Court, Jabalpur.
3. Counsel appearing for applicant submitted that the marriage
between the applicant and respondent was solemnized on 14.01.2017 as per
the Hindu customs and rituals. At the time of marriage, the parents of the
applicant gave house hold items, furniture, jewelry and cash to the
respondent and his family members. After marriage the applicant lived at the
NEUTRAL CITATION NO. 2025:MPHC-JBP:62188
2 MCC-3538-2024
house of respondent along with his parents and other family members. The
respondent and his family members started making demand of dowry and
harassed the applicant. The respondent also misbehaved with the applicant
regarding her character. It is further submitted that in May, 2021 the
respondent and his mother compelled the applicant to leave the matrimonial
house. Thereafter, a complaint case under the provisions of Domestic
Violence Act was filed on 02.07.2024. In the complaint it was pointed out
that the respondent assaulted the applicant and so also rebuked her and gave
threats of killing the applicant. The respondent does not want to keep the
applicant with him. The applicant filed a maintenance case under Section
144 of B.N.S.S., 2023 (under Section 125 of Cr.P.C.) bearing Case
No.MJCR 737/2024 against the respondent which is pending before 1st
Additional Principal Judge, Family Court, Jabalpur. Thereafter, respondent
filed proceeding under Section 13 of Hindu Marriage Act against the
applicant bearing Case No.RCSHM 136/2024. It is further submitted that
applicant is living with her old mother. Her father had expired on
24.04.2021, therefore, it is very difficult for the applicant to attend the case at
Narsinghpur which is about 100 kms. far from Jabalpur. Son of the applicant
is about 7 years old who is studying at Jabalpur. In these circumstances, it is
prayed that the case filed by the non-applicant under Section 13 of the Hindu
Marriage Act bearing case No. 136/2024 pending before Principal Judge,
Family Court, Narsinghpur be transferred to the Court of Principal Judge,
Family Court, Jabalpur. Learned counsel for applicant also relied upon the
judgment passed by Supreme Court in the case of Ruchi Majoo V. Sanjeev
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3 MCC-3538-2024
Majoo, reported in (2011) 6 SCC 479.
4. Heard the counsel for the applicant.
5. Considering the aforesaid facts and circumstances of the case and
taking into account the judgments of Hon'ble Supreme Court in the cases of
Tejalben Vs. Mihirbhai Bharatbhai Kothari (2016) 3 SCC 69; Ruchi Rawat
Vs. Principal Judge, Family Court, Etah and another 2022 SCC Online SC
2036; Manjula Singh Chouhan Vs. Vishal Singh Chouhan (2019) 3 SCC 660
and also taking into account the convenience of the applicant, the case filed
by the non-applicant under Section 13 of the Hindu Marriage Act bearing
case No.136/2024 (Ashish Sevlani Vs. Smt. Pallawi Lalwani @ Pankhudi)
be transferred from the Court of Principal Judge, Family Court, District
Narsinghpur to the Court of Principal Judge, Family Court, District Jabalpur.
6. However, taking into consideration, the law laid down by the
Supreme Court in case of Kumar Apurv Vs. Nikita Sinha passed in Transfer
Petition (C) No.398/2022, the non-applicant/respondent would be at liberty
to appear through video conferencing and shall be granted exemption from
personal appearance by the Family Court, Bhopal. The non-
applicant/respondent shall also be at liberty to produce witnesses and cross-
examine the witnesses of the applicant in the above-mentioned case through
virtual mode with full opportunity to the applicant to cross-examine such
witnesses.
7. Let a copy of this order be sent to the Court of Principal Judge,
Family Court, Narsinghpur to place in the case bearing No. 136/2024 and a
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4 MCC-3538-2024
copy of this order be also sent to the Court of Principal Judge, Family Court,
District Jabalpur.
8. With aforesaid directions, this MCC is allowed and disposed off.
9. Pending I.As., if any, stand disposed off.
(RATNESH CHANDRA SINGH BISEN)
JUDGE
sp/-
