[Cites 3, Cited by 0]
Madhya Pradesh High Court
Smt Kajal Jain vs Rahul Jain on 1 December, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:31097
1 MCC-2103-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 1 st OF DECEMBER, 2025
MISC. CIVIL CASE No. 2103 of 2025
SMT KAJAL JAIN
Versus
RAHUL JAIN
Appearance:
Shri Rudra Pratap Singh Kaurav, Advocate for the applicant.
None for respondent, though served by publication.
ORDER
As none appears for the respondent in spite of publication of notice in
newspaper, accordingly he is proceeded ex parte .
2. This application, under section, 24 of CPC has been filed for transfer of
RCSHM No. 21/2025 filed by respondent under section 13 of Hindu Marriage
Act from the Court of II District and Additional Session Judge, Gohad, District
Bhind to the Family Court, Gwalior.
3. It is submitted by counsel for applicant that applicant has filed an
application under section 144 of BNSS and also under section 9 of Hindu
Marriage Act. Both the proceedings were initiated in the year 2024. Thereafter,
respondent has filed a petition under section 13 of Hindu Marriage Act in the
month of February 2025. It is submitted that since the petition filed by applicant
under section 9 of Hindu Marriage Act is already pending before Principal Judge,
Family Court, Gwalior, therefore, it is also desirable that both the cases i.e. under
section 9 of Hindu Marriage Act and under section 13 of Hindu Marriage Act are
NEUTRAL CITATION NO. 2025:MPHC-GWL:31097
2 MCC-2103-2025
decided by one and the same Court so that any conflict of judgment can be
avoided.
4. Heard learned counsel for the applicant.
5. The petition filed by applicant under section 9 of Hindu Marriage Act is
pending before the Court of Principal Judge, Family Court, Gwalior. It appears
that the said petition was filed by the applicant in the year 2024. Similarly, an
application under section 144 of BNSS has been filed by applicant in the year
2024 itself which is also pending in the Court of Principal Judge, Family Court,
Gwalior. RCSHM No. 21/25 has been filed by respondent in the month of
February 2025. In case if the petition filed under section 9 and section 13 of
Hindu Marriage Act are decided by two different Courts, then there is always a
possibility of conflict of judgment and, under these circumstances, it is desirable
that both the cases should be tried by one and the same Court. Since the petition
filed by the applicant is prior in time and further the respondent is already
appearing in both these cases before the Principal Judge, Family Court, Gwalior,
therefore, this Court is of considered opinion that RCSHM No. 21/25 pending in
the Court of II Additional District and Session Judge, Gohad, District Bhind be
also transferred to the Court of Principal Judge, Family Court, Gwalior where
RCSHM No. 1308/2024 filed by applicant is pending.
6. Accordingly, RCSHM No. 21/2025 pending in the Court of II District
and Additional Session Judge, Gohad, District Bhind, is transferred to the Court
of Principal Judge, Family Court, Gwalior. The Principal Judge, Family Court,
Gwalior is directed to decide both the cases i.e. RCSHM No. 1308/24 filed by
applicant under section 9 of Hindu Marriage Act and RCSHM No. 21/2025, a
petition filed by respondent under section 13 of Hindu Marriage Act analogously
by passing two different judgments on the very same day.
NEUTRAL CITATION NO. 2025:MPHC-GWL:31097
3 MCC-2103-2025
7. The trial Court is directed to transfer the entire record to the Court of
Principal Judge, Family Court, Gwalior for further proceedings.
8. With aforesaid observations, the application is finally disposed of.
(G. S. AHLUWALIA)
JUDGE
(and)
