Madhya Pradesh High Court
Smt. Jaya Savle vs Mohit Kumar Malviya on 7 March, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:6123
1 MCC-4361-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 7 th OF MARCH, 2025
MISC. CIVIL CASE No. 4361 of 2024
SMT. JAYA SAVLE
Versus
MOHIT KUMAR MALVIYA
Appearance:
Shri Navneet Kishore Verma, learned counsel for the petitioner.
ORDER
1. The applicant/wife has filed the present petition under Section 24 of
CPC seeking transfer of RCS HM No.46/2024 pending before Principal
Judge, Family Court, District Shajapur to Principal Judge, Family Court,
District Indore filed under Section 13 of Hindu Marriage Act.
2. The marriage of Smt. Jaya and Mohit was solemnized with as per
Hindu rituals and customs. At the time of marriage, ornaments, domestic
articles and cash was given by the parents of Jaya to the respondent.
According to the Jaya after one month of marriage, husband and in laws have
started taunting on petty issues and used to pressurize her to bring cash
/dowry. When demand was not fulfilled, she was subjected to physical
assault. An application was filed by the applicant before Principal Judge,
District Indore for getting maintenance. The Family Court has awarded
maintenance of Rs.5,000/- which is not being paid by the respondent.
3. Learned counsel for the petitioner has submitted that in this case the
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2 MCC-4361-2024
respondent/husband has filed a case RCSHM No. 46/2024 before learned
Principal Judge, Family Court, Shajapur. He has further submitted that the
petitioner/wife has also filed a case under Section 125 of Cr.P.C. against her
husband before the Family Court, District Indore for grant of maintenance
and in that case the respondent/husband an affidavit in which the address of
respondent/husband has been mentioned as "254, Kailod Kankad, Indore".
The distance between District Indore to District Shajapur is over 100 kms.
and it is very difficult for the petitioner to attend hearing of cases alongwith.
On these grounds, he prayed that this petition be allowed and RCSHM No.
46/2024 pending before Family Court, District Shajapur be transferred to
Family Court, District Indore.
4. 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."
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5. 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......."
6. I have heard the counsel for the petitioner and perused the case
record.
7. Petitioner/wife is residing at Indore. She is unable to defend the case
pending before Family Court, Shajapur and also looking to the fact that in
the affidavit submitted by the respondent/husband before Family Court,
Indore, respondent/husband is residing on address "254, Kailod Kankad,
Indore". So in the interest of justice RCSHM No.46/2024 pending before
Family Court, Shajapur be transferred from that court to Family Court,
Indore. 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 appears from the record that
applicant/wife is residing at Indore which is over 100 Kms. away from
Shajapur. It would be difficult for her to attend the Court at Shajapur on
every date from Indore 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) & Sumita Singh (Supra), this Court is
of the considered view that the cases be transferred to the same Court
without hearing of the respondents/parties. Accordingly, present petition is
allowed and Case RCSHM No. 46/2024 pending before Family Court,
Shajapur is transferred from that Court to the Court of Family Court, Indore.
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9. The Principal Judge Family Court, Shajapur is directed to send the
record of Case RCSHM No. 46/2024 filed by respondent/husband to the
court of Family Court, District Indore 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 Court for
information and compliance.
11. Accordingly, MCC is allowed with the aforesaid observation.
C.C. as per rules.
(PREM NARAYAN SINGH)
JUDGE
Vindesh
