Madhya Pradesh High Court
Smt. Shivani Sharma vs Aman Sharma on 7 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:56145
1 MCC-1487-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 7 th OF NOVEMBER, 2025
MISC. CIVIL CASE No. 1487 of 2025
SMT. SHIVANI SHARMA
Versus
AMAN SHARMA
Appearance:
Shri Mayank Kumar Shrivastava - Advocate for applicant.
None for the respondent.
ORDER
Notice was issued to respondent vide order dated 01.05.2025, but he
refused to take notice, therefore, respondent proceeded ex-parte.
2 . Applicant has filed this application under Section 24 of C.P.C. for
transfer of case bearing No. RCS HM/01/2025 (Aman Sharma Vs. Smt. Shivani
Sharma) from the Court of Principal Judge, Family Court, Sehore to the Court of
Principal Judge, Family Court, Vidisha (M.P.).
3. Counsel appearing for applicant submitted that marriage of applicant and
respondent was solemnized on 22.01.2024, but soon after the marriage the
respondent and his family members were harassing the applicant to bring dowry
from her parents and she was mentally as well as physically tortured by them. It is
further submitted that applicant to save her matrimonial life did not say anything
to her parents. After some time respondents sent the applicant to her parental
NEUTRAL CITATION NO. 2025:MPHC-JBP:56145
2 MCC-1487-2025
house and since then she is living in her parental house. The respondent filed an
application under Section 13 of Hindu Marriage Act for divorce in the Family
Court, Sehore. It is further submitted that applicant has also filed a case under
Section 12, 18, 19, 20, 21, 22 and 23 of Protection of Women from Domestic
Violence Act, 2005 before J.M.F.C., Vidisha and another case for maintenance
under Section 144 of B.N.S.S. is also pending in Family Court, Vidisha. It is
further submitted that on dated 14.02.2025 when applicant went to attend the case
at Sehore, then respondent along with other persons came and pressurized and
threatening her to compromise the case and for withdrawal of case filed by her at
Vidisha. Respondent also threatened to applicant to kill her and her family. With
regard to said incident, applicant has also given an application to Police Station
Kotwali, District Sehore. It is further submitted that applicant is a lady and it is a
very difficult for her to attend the case pending before Family Court, Sehore on
each and every date which is almost 92 Km. from Vidisha. In these
circumstances, case No. RCS HM/01/2025 (Aman Sharma Vs. Smt. Shivani
Sharma) be transferred from the Court of Principal Judge, Family Court, Sehore to
the Court of Principal Judge, Family Court, Vidisha (M.P.). Learned counsel for
applicant also relied upon the judgment passed by Supreme Court in the case of
Ruchi Majoo V. Sanjeev 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
NEUTRAL CITATION NO. 2025:MPHC-JBP:56145
3 MCC-1487-2025
account the convenience of the applicant, the case under Section 13 filed by the
respondent bearing case No. RCS HM/01/2025 (Aman Sharma Vs. Smt. Shivani
Sharma) deserves to be and is hereby directed to be transferred from the Court of
Principal Judge, Family Court, Sehore to the Court of Principal Judge, Family
Court, Vidisha (M.P.).
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 respondent would be at liberty to appear through video
conferencing and shall be granted exemption from personal appearance by the
Family Court, Indore. The 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 Principal Judge, Family Court,
Sehore to place in the case bearing No. RCS HM/01/2025 and a copy of this order
be also sent to the Principal Judge, Family Court, Vidisha.
8. With aforesaid directions, this MCC is allowed and disposed of.
9. Pending I.As., if any, stand disposed off.
(RATNESH CHANDRA SINGH BISEN)
JUDGE
sp/-
