Madhya Pradesh High Court

MCC/2202/2023 of SMT. PRIYANKA KORI Vs HEMANT KUMAR on 2 February 2024

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE

HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEYON THE 2[nd] OF FEBRUARY, 2024

MISCELLANEOUS CIVIL CASE No. 2202 of 2023

BETWEEN:-

SMT. PRIYANKA KORI W/O SHRI HEMANT KUMAR D/OKALLURAM, AGED ABOUT 24 YEARS, OCCUPATION:TUITION/COACHING WORK R/OP GAYATRI MANDIR,GUPTA PURA, DABRA, DISTRICT GWALIOR (MADHYAPRADESH)

(BY SHRI NITIN GOYAL- ADVOCATE)

.....APPLICANT

AND

HEMANT KUMAR S/O LATE SHRI DEVILAL, AGEDABOUT 35 YEARS, OCCUPATION: GOVERNMENTSERVANT R/O BIRKHA KOLI KA BADA, TANSEN ROAD,GWALIOR (MADHYA PRADESH)

(NONE FOR THE RESPONDENT)

.....RESPONDENT

This application coming on for hearing this day, the court passed the following:

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ORDER

B y this MCC, the applicant-wife has approached this Court underSection 24 of the C.P.C. seeking transfer of Case No.888/2023 (HMA)pending in the Court of Principal Judge, Family Court, Gwalior filed byrespondent/husband under Section 13(A) of Hindu Marriage Act for divorce toFamily Court, Dabra, District Gwalior.

I t is the submission of learned counsel for the applicant-wife thatmarriage between applicant and respondent was solemnized on 02/05/2021.

Soon after the marriage, respondent started harassing her mentally as well asphysically and after some time, ousted from the house and now the respondent-husband moved a suit for divorce which is pending before Principal Judge,Family Court, Gwalior. Applicant/wife is living in her parental home, therefore,it is not possible for her to attend the proceedings at Gwalior. She has fear ofher life from the respondent or his family members while attending Court datesat Gwalior. Under such circumstances, it is prayed that aforesaid pendingbefore Principal Judge, Family Court, Gwalior may be transferred to FamilyCourt, Dabra, District Gwalior.

Heard.

In the case of Sumita Singh Vs. Kumar Sanjay and Another, (2001)

5 Supreme 667, Hon'ble Apex Court has held that in a matrimonialproceedings, if proceedings are initiated by husband, then wife's conveniencemust be looked at, therefore, in the facts and circumstances of the case, it isconsidered apposite to direct for transfer of the Case No.888/2023 (HMA) filedunder Section 13(A) of Hindu Marriage Act by the husband pending beforePrincipal Judge, Family Court, Gwalior to Family Court, Dabra, DistrictGwalior.

With the aforesaid direction, petition stands disposed of and allowed.

Pj'S/-

(ROOPESH CHANDRA VARSHNEY)JUDGE

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