Madhya Pradesh High Court
Smt. Shweta Batham vs Shree Swapnil Batham on 22 March, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:7665
1 MCC-620-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 22nd OF MARCH, 2025
MISC. CIVIL CASE No. 620 of 2025
SMT. SHWETA BATHAM AND OTHERS
Versus
SHREE SWAPNIL BATHAM
Appearance:
Shri Keshav Nahar - advocate for the petitioner.
ORDER
1. The applicant/wife has filed the present petition under Section 24 of
CPC seeking transfer of MJCR 31/2020 filed under Section 125 of Cr.P.C.,
pending before Judicial Magistrate First Class, Nagda, District Ujjain to
Principal Judge, Family Court, District Indore.
2. The marriage of Smt. Shweta Batham and Swapnil Batham was
solemnized on 04.11.2016 as per Hindu rituals and customs. They were
blessed with a daughter named Priyangi (applicant no.2) aged about 8 years.
However, due to disputes, applicant No.1 and non-applicant both are residing
separately at present, and their daughter is residing along with her mother i.e.
applicant No. 1. Thereafter applicant no.1 filed an application under Section
125 of Cr.P.C for maintenance which is pending before Judicial Magistrate
First Class, Indore.
3. Learned counsel for the petitioner has submitted that in this case the
NEUTRAL CITATION NO. 2025:MPHC-IND:7665
2 MCC-620-2025
respondent/husband has filed a case RCSHM No. 2154/2023 under Section
9 of Hindu Marriage Act, which is pending before 2nd Additional Judge to
Principal Judge, Family Court, Indore. He has further submitted that the
petitioner/wife also filed an application before this Court for transfer of
application filed under section 12 of Protection of Women from Domestic
Violence Act, 2005 (MJCR 30/2022), which is also pending. The applicants
are residing at Khargone and on account of travelling to Nagda, the studies
of applicant no.2 get affected.On these grounds, he prayed that this petition
be allowed and MJCR 31/2020 filed under Section 125 of Cr.P.C., pending
before Judicial Magistrate First Class, Nagda, District Ujjain 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."
5. That apart, Section 24 of C.P.C. itself provides that the Court "of its
NEUTRAL CITATION NO. 2025:MPHC-IND:7665
3 MCC-620-2025
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 Khargone. She is unable to defend the
case pending before JMFC, Nagda, District Ujjain, the distance between
Nagda to Khargone is approximately 190-200 Kms., therefore, it is very
difficult for the applicants to manage the travelling on each date that too with
her daughter of 8 years old and due to the travelling the studies of applicant
no.2 is also affected. Therefore, in the interest of justice MJCR No.31/2020
pending before JMFC, Nagda, District Ujjain 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 is evident from
the record that applicant/wife is residing at Khargone which is is
approximately 190-200 Kms., away from Nagda, District Ujjain. It would be
difficult for her to attend the Court at Nagda, Ujjain on every date from
Khargone 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
NEUTRAL CITATION NO. 2025:MPHC-IND:7665
4 MCC-620-2025
allowed and Case MJCR No.31/2020 pending before JMFC, Nagda, District
Ujjain is transferred from that Court to the Court of Family Court, Indore.
9. The JMFC, Nagda, District Ujjain is directed to send the record of
Case MJCR No.31/2020 filed by petitioner/appellant no.1 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 Courts for
information and compliance.
11. Accordingly, MCC is allowed with the aforesaid observation.
C.C. as per rules.
(PREM NARAYAN SINGH)
JUDGE
sumathi
