Madhya Pradesh High Court
Seema Bai vs Rajkumar Tamrakar on 11 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:56747
1 MCC-2874-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 11 th OF NOVEMBER, 2025
MISC. CIVIL CASE No. 2874 of 2024
SEEMA BAI
Versus
RAJKUMAR TAMRAKAR
Appearance:
Shri Raman Choubey - Advocate for the applicant.
None for the respondent.
ORDER
Applicant has filed this application under Section 24 of C.P.C. for transfer
of case filed by the non-applicant/respondent bearing No. RCS HM/39/2024
pending before First Additional District & Sessions Judge, Ashta, District Sehore
to First Additional District and Sessions Judge, Khurai, District Sagar.
2. Counsel appearing for applicant submitted that applicant and respondent
entered into wedlock on 14.05.2007 as per Hindu rites and rituals. After marriage,
the non-applicant and his family members started harassing the applicant for more
dowry. The applicant was subjected to continuous grave mistreatment by the non-
applicant and his family members. The applicant was often beaten by the non-
applicant for demand of dowry. In the year 2023, the non-applicant kicked out the
present applicant from his house. The applicant had no other option but to return
to her parental house. Thereafter, the non-applicant filed an application under
Section 13 of the Hindu Marriage Act for divorce bearing RCS HM/39/2024
before the First Additional District and Sessions Judge, Ashta, District Sehore. It
is pertinent to mention here that even during the time when the applicant was
NEUTRAL CITATION NO. 2025:MPHC-JBP:56747
2 MCC-2874-2024
staying with the non-applicant, the non-applicant never gave her any money or
provide any medical treatment. When the father of the applicant passed away, the
applicant filed an application for maintenance under Section 125 of the Code of
Criminal Procedure which was registered as M.J.C. R No. 145/2024 before
Judicial Magistrate, First Class, Khurai, District Sagar. It is further submitted that
applicant is a lady and it is a very difficult for her to attend the case pending
before First Additional District & Sessions Judge, Ashta, District Sehore on each
and every date. In these circumstances, it is prayed that the case filed by the non-
applicant under Section 13 of the Hindu Marriage Act bearing case No. RCS
HM/39/2024 (Rajkumar Tamrakar Vs. Smt. Seema Bai) be transferred from First
Additional District and Sessions Judge, Ashta, District Sehore to First Additional
District and Sessions Judge, Khurai, District Sagar. 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.
3. On the other hand, counsel appearing for respondent has opposed the
application.
4. Heard the counsel for the parties.
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
account the convenience of the applicant, the case filed by the non-applicant under
Section 13 of the Hindu Marriage Act bearing case No. RCS HM/39/2024
(Rajkumar Tamrakar Vs. Smt. Seema Bai) be transferred from First Additional
District and Sessions Judge, Ashta, District Sehore to First Additional District and
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3 MCC-2874-2024
Sessions Judge, Khurai, District Sagar.
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 non-applicant/respondent would be at liberty to appear through
video conferencing and shall be granted exemption from personal appearance by
the Court of First Additional District and Sessions Judge, Khurai, District Sagar.
The non-applicant/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 Court of First Additional District and
Sessions Judge, Ashta, District Sehore to place in the case bearing No. RCS
HM/39/2024 and a copy of this order be also sent to the Court of First Additional
District and Sessions Judge, Khurai, District Sagar.
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
Rao
