Madhya Pradesh High Court
Pooja Mishra, vs Avinash Mishra on 12 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:44500
1 MCC-236-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 12th OF SEPTEMBER, 2025
MISC. CIVIL CASE No. 236 of 2025
POOJA MISHRA,
Versus
AVINASH MISHRA
Appearance:
Shri Amit Shukla - Advocate for the applicant.
Shri Jitendra Tiwari along with Shri R.P. Dwivedi - Advocates for the respondent.
ORDER
The present petition has been filed by the wife/applicant under Section
24 of the Code of Civil Procedure, who has prayed for transfer of petition
bearing Case No. RCS HM 130/2024 from the Court of Principal Judge,
Family Court, Katni to Family Court, Jabalpur.
2. The brief facts of the case are as under:-
2.1 The applicant and the respondent are the legally wedded husband and
wife. Their marriage was solemnized as per Hindu rites and Customs on
15.05.2019 at Katni.
2.2 After few days of marriage, the respondent/husband and his parents
started misbehaving, harassing and torturing the applicant with demand of
Rs.10,00,000/- and a four wheeler car (Maruti Swift Dzire). They also used
to taunt the applicant that the gifts which have been provided is not of good
quality and due to this, the applicant suffered a lot of physical and mental
harassment by repeated demand made by the respondent/husband and his
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family members.
2.3 The respondent and his family members used to push and beat the
applicant/wife by abusing in filthy language to her mother and sister and
even the applicant/wife was harassed by misbehaving, illegal harassment and
behaving indecently with her and created atrocities.
2.4 After making repeated demands by the respondent and his family
members, the applicant/wife was sent to her maternal house with an
instruction that if the demand is not fulfilled, they will not allow the
applicant/wife to enter into the house.
2.5 The applicant/wife wanted to live with the respondent/husband at his
working place but the respondent used to refuse to take her. The respondent
also used to threatened the applicant to give divorce and marry another
woman and the respondent and his family members started hatching a
conspiracy to drive the applicant out of their house by falsely accusing her as
the applicant was unable to meet the dowry demands made by them.
2.6 The applicant tried to resolve the matter but when nothing happened,
the applicant/wife filed a written complaint to the Police Station P.S.
Gorakhpur, District Jabalpur dated 13.06.2023. Inspite of that, the
respondent and his family members did not allow the applicant to live with
them. Thereafter, the applicant filed a case against the respondent under
Section 12 of Protection of Women from Domestic Violence on 10.07.2023.
She has also filed a case under Section 125 of Cr.P.C. for maintenance.
2.7 The respondent also filed a case under Section 13 of the Hindu
Marriage Act seeking a divorce of marriage before the Court of Principal
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Judge, Family Court, Katni being RCSHM/130/2024.
3. Learned counsel for the applicant submits that the applicant is a house
wife, having no source of income and is totally dependent upon her parents
and , therefore, she is facing difficulty in participation of the proceedings
pending in the Family Court, Katni, District Katni and it would be
convenient to her to attend proceedings in the Family Court at Jabalpur. He
further submits that applicant has previously appeared before the learned
Family Court on 23.11.2024 but the respondent and his father misbehaved
with her and as such, it will be very risky for her to appear before the Family
Court at Katni and there is no one else to come with her, therefore, she has to
come alone to attend the Court proceedings and being a house wife having no
source of income and to maintain herself. Also, it would be very
inconvenient and difficult to attend the court proceedings at Katni from
Jabalpur.
4. Learned counsel for the applicant further submits that three cases viz. (i)
under Section 125 of Cr.P.C. (ii) under the Domestic Violence Act and (iii)
under Section 9 of the Hindu Marriage Act are already pending
adjudication before the Family Court at Jabalpur. He, therefore, submits that
the pending case bearing RCS HM 130/2024 filed by the
respondent/husband under Section 13 of the Hindu Marriage Act deserves to
be transferred from the Court of Principal Judge, Family Court Katni to
Family Court Jabalpur. In support of his submissions, learned counsel has
placed reliance on the decisions of Hon'ble Supreme Court in the case of
Tejalben Vs. Mihirbhai Bharatbhai Kothari (2016) 3 SCC 69; Ruchi Rawat
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Vs. Principal Judge, Family Court, Etah and another 2022 SCC Online SC
2036; Manjula Singh Chouhan Vs. Vishal Singh Chouhan (2019) 13 SCC
660 and Sumita Singh Vs. Kuman Sanjay and another (2001) 10 SCC 41 and
prays for transfer of petition from the Court of Principal Judge, Family Court
Katni to Family Court, Jabalpur.
5. Learned counsel appearing for the respondent vehemently
opposed the prayer made by the applicant and prays for dismissal of this
petition with the further submissions that just with a view to create a ground
of transfer, the applicant initiated the other proceedings after filing of divorce
petition and, hence on the ground pendency of these proceedings, order of
transfer cannot be passed.
6. Considering the submissions of learned counsel for the parties and in
the light of aforesaid judgments of Supreme Court and taking into
consideration the convenience of the wife, the case under Section 13 of
Hindu Marriage Act, filed by respondent/husband bearing RCS HM
No.130/2024 pending before the Court of Principal Judge, Family Court,
Katni deserves to be and is hereby directed to be transferred to Family Court,
Jabalpur.
7. 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
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virtual mode with full opportunity to the applicant/wife to cross-examine
such witnesses.
8 . Let a copy of this order be sent to Principal Judge, Family Court, Katni
to be placed in the file of RCS HM 130/2024. A copy of this order be also
sent to the Family Court, Jabalpur.
9. With the above, this MCC is allowed and disposed of.
10. Misc. application(s), pending if any, shall stand closed.
(RATNESH CHANDRA SINGH BISEN)
JUDGE
Rao
