Smt. Harshana Jharia vs Yogesh Kumar Jharia
2025 Latest Caselaw 9096 MP

Madhya Pradesh High Court

Smt. Harshana Jharia vs Yogesh Kumar Jharia on 11 September, 2025

                                                          1                                                            MCC 1964-2025



     IN THE                     HIGH                COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                              BEFORE
   HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
                                ON THE 11th OF SEPTEMBER, 2025
                                MISC. CIVIL CASE No. 1964 of 2025
                                          SMT. HARSHANA JHARIA
                                                  Versus
                                          YOGESH KUMAR JHARIA
................................................................................................................................................
Appearance:
                  Shri Devendra Kumar Shukla- Advocate for the applicant.
                  Shri Prabuddha Singh -Advocate appears through VC and Shri Vishal
            Priy Anand - Advocate in Court for the respondent.
................................................................................................................................................
Reserved on    :             13.08.2025
Pronounced on :              11.09.2025

                                                              ORDER

The applicant/wife has filed this application under Section 24 of C.P.C. for transfer of the case bearing Case No. 1274/2024 from Family Court, Bhopal to Family Court, Jabalpur.

2. The facts of the case necessary for disposal of this case are as under:-

2.1. The marriage between the applicant and respondent was solemnized on 17.04.1998 at Indore according to Hindu rites and rituals. Due to their wedlock, two daughters were born who are aged about 20 years and 18 years respectively. After marriage, the respondent and his family members started torture and harassment to the applicant. In these circumstances, applicant left the house of respondent and started living with her brother along with her two daughters.

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2.2. Previously, the applicant used to reside at Bhopal but since she was unable to bear the expenses, therefore, the applicant started living in her brother's house at Jabalpur to educate her two daughters. 2.3. The applicant is not working anywhere and she has no source of income and with great difficulties and is unable to incur the maintenance and expenses of herself and her two daughters whereas the respondent has sufficient means for his maintenance but he has neglected to maintain the applicant and her two daughters.

3. Counsel for the applicant has submitted that applicant is a lady and unable to go to Bhopal to attend the trial. He has further submitted that Bhopal is more than 300 kms from Jabalpur and, therefore, applicant has moved this application for transfer of the case from Family Court, Bhopal to Family Court, Jabalpur.

4. Counsel for the applicant has further submitted that applicant is a lady having no one at Bhopal to rely upon and since the respondent is of criminal instant, therefore, it is not appropriate for her to go to Bhopal all alone and attend the case. In these circumstances, divorce case under Section 13(i) of Hindu Marriage Act bearing No. 1274/2024 be transferred from Family Court, Bhopal to Family Court, Jabalpur.

5. Learned counsel appearing for respondent vehemently opposed the prayer made by counsel for the applicant and submitted that the applicant has not come before this Court with clean hands and has suppressed the fact that earlier the case which applicant wants to get transferred from Bhopal to Jabalpur was transferred to Bhopal from Indore on her own request. He has submitted that applicant herself has filed all the cases in the Bhopal Court and it is also pertinent to mention that the divorce case which was filed by the respondent herein was transferred to Bhopal at the instance of the applicant. According to him, applicant is a permanent resident of Bhopal and no fruitful purpose would be served in transferring

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the case from Family Court Bhopal to Family Court, Jabalpur. For the sake of clarity and also for the convenience of this Hon'ble Court, following cases are pending adjudication before the Court of Competent Jurisdiction in Bhopal which are as under:-

"a. Harshna Jharia & Ors vs Yogesh Sharia & Ors filed on 14.09.2015 under section 12 of the Protection of Women from Domestic Violence Act, 2005 pending adjudication before the court of Judicial Magistrate First Class, Bhopal (M.P.). b. Harshna Jharia vs Yogesh Jharia filed under section 31 of the Protection of Women from Domestic Violence Act, 2005 - Case number RCT 4008/2021 pending adjudication before the court of Judicial Magistrate First Class, Bhopal (M.P.) filed on 28.12.2020.

c. Yogesh Jharia vs Harshna Jharia - filed under section 13(i)(a) and 13(i)(b) before the Family Court, Indore (M.P.) in the year 2022 now stood transferred to Bhopal (M.P.). d. Harshna Jharia vs Yogesh Jharia - filed under section 125 of the CrPC before the court of Judicial Magistrate First Class, Bhopal (M.P.) in the year 2020.

e. State of M.P. vs Yogesh Jharia & Ors-FIR bearing crime number 293/2023 dated 02.10.2023 registered for the offences punishable under section 498-A, 506, 34 of the IPC & Sections 3 and 4 of the Dowry Prohibition Act, 1961 - FIR lodged by the Petitioner after a yawning delay of about 7 years against the answering Respondent and the relatives - criminal trial bearing no. RCT 1802/2024 pending adjudication before the court of Bhopal."

According to the learned counsel for the respondent, the applicant is a qualified teacher and is permanent resident of Bhopal and, therefore, she can easily go to Bhopal for attending hearing of the case. In support of his 4 MCC 1964-2025

submission, learned counsel for the respondent has placed reliance on the decisions of the Supreme Court in case of Preeti Sharma Vs. Manjit Sharma - Transfer Petition (Civil) No.117-118 of 2004, Anindita Das Vs. Srijit Das (2006) 9 SCC 197 and prayed that this petition be dismissed being devoid of merits.

6. I have considered the submissions made by counsel for the parties and also perusal the record.

7. As far as the submission made by counsel for the respondent that applicant had already filed an application for transfer of this case from Indore to Bhopal and on the application of the applicant, this case has been transferred from Indore to Bhopal but this fact was suppressed by the applicant which shows that she has not come before this Court with clean hands and on this ground the application of the applicant/wife is liable to be dismissed is concerned, this court is of the considered opinion that the earlier circumstances warranted so and therefore the wife sought transfer of her case to Bhopal and therefore mere omission to plead in this regard in the present petition does not preclude her from resisting the claim on subsequent event when she has come with bonafide belief. It is a settled principle of law that in a matrimonial proceeding instituted by the husband against the wife, the convenience of the wife has to be considered in contesting the suit and the pending proceedings ought to be transferred to a place where the wife is residing. So far as next submission of the learned counsel for respondent that the other cases filed at the behest of the applicant-wife have been instituted and pending at Family Court Bhopal and therefore there is no harm if the present case is also allowed to be adjudicated at the same place is concerned, during the course of arguments, learned counsel for the applicant informed that the applicant/wife has already filed an application for transferring those cases from the competent Court Bhopal to Jabalpur. Thus, this argument 5 MCC 1964-2025

advanced by counsel for the respondent/husband has no meaning.

8. Considering the aforesaid and taking into account the judgments of Hon'ble Supreme Court in case 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 Chounan Vs. Vishal Singh Chouhan (2019) 3 SCC 660 as also taking into account the convenience of the applicant/wife, the case under Section 13 of the Hindu Marriage Act filed by the respondent/wife bearing No. 1274/2024, Family Court, Bhopal deserves to be and is hereby directed to be transferred to Family Court, Jabalpur.

9. 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/husband would be at liberty to appear through video conferencing and shall be granted exemption from personal appearance by the Family Court, Jabalpur. The respondent/husband shall also be at liberty to produce witnesses in the above-mentioned case through virtual mode with full opportunity to the applicant/wife to cross-examine such witnesses.

10. Let a copy of this order be sent to Principal Judge, Family Court, Bhopal to be placed in the file of case No.1274/2024. A copy of this order be also sent to the Family Court, Jabalpur.

11. With the above, this MCC is allowed and disposed of.

12. Misc. application(s), pending if any, shall stand closed.

(RATNESH CHANDRA SINGH BISEN) JUDGE

rao

SATYA

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH

2.5.4.20=fd8212036fdbf89fa7ca6dd1d45561a7803f 38162f693a3cbabf7e416131fa7f, ou=HIGH COURT OF MADHYA PRADESH JABALPUR,CID - 7050389,

SAI RAO postalCode=482001, st=Madhya Pradesh, serialNumber=d71b7c71d530e3c544e8ebf848d881 8167becb37eb09e44776d0667970eed1e9, cn=SATYA SAI RAO Date: 2025.09.12 13:24:49 +05'30'