Madhya Pradesh High Court
Swati Choubey vs Akash Sharma on 13 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:57303
1 MCC-2441-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 13th OF NOVEMBER, 2025
MISC. CIVIL CASE No. 2441 of 2025
SWATI CHOUBEY
Versus
AKASH SHARMA
Appearance:
Shri Jaywardhan Harsh Shrivastava - Advocate for the applicant.
Shri Pravesh Naveriya - Advocate 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/05/2025 pending before Fourth Additional District Judge, Nainpur,
District Mandla to Family Court, Jabalpur.
2. Counsel appearing for applicant submitted that applicant and respondent
entered into wedlock on 11.07.2013 as per Hindu rites and customs and out
of the said wedlock, one child namely Lavanya was born. The respondent
deserted the applicant and her daughter and has not even come to take care of
the applicant and his daughter and has also filed a suit for divorce under
Section 13(1) of the Hindu Marriage Act before 4th Additional District
Judge, Nainpur, District Mandla. It is further submitted that applicant is a
lady and it is a very difficult for her to attend the case pending before 4th
Additional District Judge, Nainpur, District Mandla on each and every
date. In these circumstances, it is prayed that the case filed by the non-
NEUTRAL CITATION NO. 2025:MPHC-JBP:57303
2 MCC-2441-2025
applicant under Section 13 of the Hindu Marriage Act bearing case No. RCS
HM/05/2025 pending before Fourth Additional District Judge, Nainpur,
District Mandla be transferred to Family Court, Jabalpur. 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/05/2025 (Akash Sharma Vs. Smt. Swati Choubey) be
transferred from Fourth Additional District Judge, Nainpur, District Mandla
to the Family Court, Jabalpur.
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 Family Court, Jabalpur. The non-applicant/respondent
shall also be at liberty to produce witnesses and cross-examine the witnesses
NEUTRAL CITATION NO. 2025:MPHC-JBP:57303
3 MCC-2441-2025
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 Fourth Additional
District Judge, Nainpur, District Mandla to place in the case bearing No.
RCS HM/05/2025 and a copy of this order be also sent to the Principal
Judge, Family Court, Jabalpur.
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
