Smt. Lalita Yadav vs Rajveer Singh Yadav
2025 Latest Caselaw 1343 MP

Madhya Pradesh High Court

Smt. Lalita Yadav vs Rajveer Singh Yadav on 9 July, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

         NEUTRAL CITATION NO. 2025:MPHC-GWL:14106




                                                             1                            MCC-1045-2025
                             IN      THE     HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                         BEFORE
                                          HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                   ON THE 9 th OF JULY, 2025
                                              MISC. CIVIL CASE No. 1045 of 2025
                                                    SMT. LALITA YADAV
                                                           Versus
                                                   RAJVEER SINGH YADAV
                          Appearance:
                                  Shri Sanjay Kumar Sharma - Advocate for applicant.

                                  None present for respondent though served.

                                                                 ORDER

On 27.06.2025 it was observed that in case if none appears for respondent on the next date of hearing, then this Court shall proceed ex parte against him. Today also none appears for respondent.

2. This application under Section 24 of CPC has been filed for transfer of RCS HM Case No.86/2025 pending in the Court of Principal Judge, Family Court, Morena to the Court of Principal Judge, Family Court, Gwalior.

3. Although multiple grounds have been raised in the application, but in the considered opinion of this Court one solitary ground is sufficient to transfer the case from Morena to Gwalior. It is the case of applicant that in fact respondent is also resident of Gwalior and in order to harass the applicant he has deliberately filed an application under Section 13 of Hindu Marriage Act in Morena.

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4. To buttress his contention, applicant has also filed a copy of details of parties which she has downloaded from the official website of High Court and according to which, Rajveer Yadav S/o Shri Bheemsen Yadav had filed Writ Petition No.39009/2024. The said writ petition was disposed of on 24.01.2025. In that writ petition, address of respondent has been mentioned as Rajveer Yadav S/o Shri Bheemsen Yadav R/o- Ravidas Nagar, Laxman Talaiya, Shinde Ki Chhawani, Lashkar Gwalior.

5. It is submitted by counsel for applicant that applicant has also filed an application under Section 13 of Hindu Marriage Act against the respondent which is pending in the Court Principal Judge, Family Court, Gwalior which has been registered as Case No.1406/2021 and since

respondent has filed a petition under Section 13 of Hindu Marriage Act in Morena, then application filed by respondent under Section 13 of Hindu Marriage Act pending in Morena may be transferred to Gwalior. Even otherwise, it is desireable that both the cases should be heard and decided by same Court by passing two different judgments on the same day.

6. None appears for respondent though served.

7. Heard counsel for applicant.

8 . It is the case of applicant that in fact the respondent is resident of Ravidas Nagar, Laxman Talaiya, Shinde Ki Chhawani, Lashkar Gwalior and he has deliberately filed the application under Section 13 of Hindu Marriage Act in Morena in order to harass the applicant. It is clear from information downloaded from the official website of High Court of Madhya Pradesh that respondent had filed Writ Petition No.39009/2024 in which he has given his

NEUTRAL CITATION NO. 2025:MPHC-GWL:14106

3 MCC-1045-2025 address as Ravidas Nagar, Laxman Talaiya, Shinde Ki Chhawani, Lashkar Gwalior. Therefore, this Court is of considered opinion that applicant has prima facie established that respondent is also the resident of Gwalior. Even otherwise, it appears that applicant has also filed an application under Section 13 of Hindu Marriage Act which is pending in the Court of Principal Judge, Family Court, Gwalior and respondent has also filed an application under Section 13 of Hindu Marriage Act which has been registered as Case No.86/2025 and is pending in the Court of Principal Judge, Family Court, Morena.

9. In order to avoid any conflict of judgment it is desireable that both the cases should be heard and decided by same Court by passing two different judgments on the very same day. Accordingly, on this ground also RCS HM Case No.86/2025 filed by respondent for grant of divorce which is pending in the Court of Principal Judge, Family Court, Morena must be transferred to the Court of Principal Judge, Family Court, Gwalior.

10. Accordingly, RCS HM Case No.86/2025 pending in the Court of Principal Judge, Family Court, Morena is hereby transferred to the Court of Principal Judge, Family Court, Gwalior. Trial Court is directed to immediately transmit the record of the case to the Court of Principal Judge, Family Court, Gwalior. The Principal Judge, Family Court, Gwalior is directed to assign the aforesaid case to the Court who is in seisin of the Case No.1406/2024 which has been filed by applicant for grant of divorce.

11. Trial Court is requested to decide both the cases by passing two

different judgments on the same day.

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12. With aforesaid observation, MCC is finally disposed of.

(G. S. AHLUWALIA) JUDGE

Rashid