Madhya Pradesh High Court

MCC/1527/2023 of SMT. MANISHA Vs RAMGOPAL SAHU 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. 1527 of 2023

BETWEEN:-

SMT. MANISHA W/O SHRI RAMGOPAL SAHU D/O SHRIRADHESHYAM SAHU, AGED ABOUT 35 YEARS, R/OBSNL COLONY QUARTER NO. 01 TYPE 04 KHATIWALATANK INDORE (MADHYA PRADESH) PIN 452014

(BY MS. SABHYA PANDEY- ADVOCATE)

.....APPLICANT

AND

RAMGOPAL SAHU S/O SHRI UDHAM SINGH SAHU,AGED ABOUT 36 YEARS, OCCUPATION: MANAGERBANK OF BARODA R/O H.NO 298 SAI NATH GLOBALSCHOOL KE PASS NEW CITY COLONY GUNA DISTRICTGUNA MADHYA PRADESH OFFICE ADDRESS BANK OF BARODA HAZI SUNNUMARKIET A.B. ROAD SHIVPURI (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.14/2023 pending in theCourt of Principal Judge, Family Court, Guna filed by respondent/husbandunder Section 13 of Hindu Marriage Act for divorce to Family Court, Indore.

I t is the submission of learned counsel for the applicant-wife thatmarriage between applicant and respondent was solemnized on 11/03/2012.

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 Family Court, Guna.Out of the wedlock applicant has a seven years old daughter to lookafter.Applicant has no source of income and it is not possible for her to attend theCourt at Guna which is 290 kms away from Indore. The applicant is a poorlady having no source of income, therefore, is unable to bear travellingexpenses, therefore, it is necessary to transfer the aforesaid case at Indore.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.14/2023 filed underSection 13 of Hindu Marriage Act by the husband pending before FamilyCourt, Guna to Family Court, Indore.

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

Pj'S/-

(ROOPESH CHANDRA VARSHNEY)JUDGE

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