Madhya Pradesh High Court
Smt. Priya Jain vs Shri Ashish Kumar Jain on 15 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:45288
1 MCC-4023-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 15 th OF SEPTEMBER, 2025
MISC. CIVIL CASE No. 4023 of 2024
SMT. PRIYA JAIN
Versus
SHRI ASHISH KUMAR JAIN
Appearance:
Shri C.K. Shukla - Advocate for applicant.
Shri Rajeshwar Dixit - Advocate for respondent.
ORDER
Applicant has filed this application under Section 24 of C.P.C. to transfer
the case bearing RCSHM No.82/2024 from the Court of 1st District Judge,
Lakhnadone, District Seoni to Family Court, District Bhopal (M.P.).
2. Counsel appearing for applicant submitted that the applicant is the wife
of non-applicant. Their marriage was solemnized on 22.06.2023 according to
Hindu customs and rituals. The some dispute took place between both the parties,
therefore, litigation between both the parties are started. Non-applicant/husband
filed an application under Section 9 of Hindu Marriage Act before the Court of
1st District Judge, Lakhnadone, District Seoni, same was registered as RCSHM
No.82/2024. It is submitted that applicant was harassed and tortured by the non-
applicant/husband, therefore she left the house of non-applicant/husband and
resides with her parents at Bhopal. It is further submitted that applicant has
already filed two applications one under Section 144 of B.N.S.S., 2023 and
another under Section 12 of Domestic Violence Act. Both the cases are pending in
the Bhopal District Court. The applicant is a housewife and she is not having any
NEUTRAL CITATION NO. 2025:MPHC-JBP:45288
2 MCC-4023-2024
source of income and dependent on her parents, who is aged about 65 years and
suffering from several diseases. It is submitted that the distance of Lakhnadone to
Bhopal is more than 317 Kms. which is very difficult for a lady to attend the case
on each and every date of hearing at Lakhnadone, District Seoni from Bhopal. In
these circumstances, RCSHM No.82/2024 be transferred from the Court of
1st District Judge, Lakhnadone, District Seoni to Family Court, District Bhopal
(M.P.) in the interest of justice.
3. Learned counsel appearing for respondent vehemently opposed the
prayer made by the applicant and submitted that it is only just a view to create a
ground of transfer of case. Applicant is competent to attend the proceeding before
1st District Judge, Lakhnadone, District Seoni. Parents of non-applicant are very
old/aged persons and during the evidence parents of the non-applicant will have to
go to Bhopal for deposition of their evidence, therefore, petition filed by applicant
may be rejected.
4. Heard the counsel for the parties.
5. Considering the aforesaid submissions made by the learned counsel for
the parties and taking into account the judgments of Apex Court passed in 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 Chounan Vs. Vishal Singh Chouhan (2019) 3 SCC 660 and
Sumita Singh Vs. Suman Sanjay and another; (2001) 10 SCC 41 and also taking
into consideration the convenience of the applicant/wife, the case bearing RCSHM
No.82/2024 filed by non-applicant/husband under Section 9 of the Hindu
Marriage Act before 1st District Judge, Lakhnadone, District Seoni deserves to be
NEUTRAL CITATION NO. 2025:MPHC-JBP:45288
3 MCC-4023-2024
and is hereby directed to be transferred to Family Court, Bhopal.
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/husband would be at liberty to appear through video
conferencing and shall be granted exemption from personal appearance by the
Family Court, Bhopal. 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.
7. Let a copy of this order be sent to 1st District Judge, Lakhnadone,
District Seoni to be placed in the file of case bearing RCSHM No.82/2024. A copy
of this order be also sent to the Family Court, Bhopal.
8. With aforesaid directions, this MCC is allowed and disposed of .
9. Misc. application(s), pending if any, shall stand closed.
(RATNESH CHANDRA SINGH BISEN)
JUDGE
sp/-
