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2015 DIGILAW 445 (MP)

Bramhapreet @ Renu v. Shiv Singh Gil

2015-04-20

ROHIT ARYA

body2015
ORDER 1. In this Miscellaneous Civil Case under section 24 of the Code of Civil Procedure, 1908, the petitioner No.1 widow of one Surendra Singh has come before this Court seeking indulgence in the matter of transfer of Miscellaneous Civil Case No.7/2012 (Shiv Singh and another v. Smt. Bramhajeet and another) from Sheopur to Guna. 2. Facts necessary for disposal of this case are to the effect that the petitioner No.1 was married to the son of respondents, namely; Surendra Singh and out of such wedlock, one son, namely; Anmol Singh was born. There was some matrimonial dispute and she left the house of husband on her free volition, thereafter residing separately at her parents place. However, with the passage of time, Surendra Singh has died. The respondents, Shiv Singh Gil and Baljeet Kaur are in­laws of the present petitioner No.1. Respondents have filed a case against the petitioner No.1 seeking custody of their grand­son, Anmol Singh under the Hindu Minority and Guardianship Act, 1956, the same is pending consideration before the Additional District Judge, Sheopur. Petitioner No.1 contends that she is facing difficulty appearing in Sheopur Court, therefore, she has prayed for transfer of the case from Sheopur to Guna. 3. The petitioner No.1 has also filed a complaint under section 498A of IPC against the respondents registered at Police Station, Sheopurkalan. After completion of investigation, charge sheet has been put up before the competent Court and the case is in progress. During hearing, it has come on surface that petitioner No.1 re­married one Major Singh at Guna, however, he has also died. Now, she is residing along with her son, Anmol Singh at Guna. 4. In the aforesaid backdrop of factual matrix, learned counsel for the petitioners submits that the petitioner No.1 is all alone and has no one to support her. According to her, the relations with her in­laws are strained and sour. Hence, she apprehends that any untoward situation may occur if she appears before the Court at Sheopur and being a lady, it will be difficult for her to travel from Guna to Sheopur, on every date of hearing of the case. As such, she has prayed for transfer of the aforesaid case from Sheopur to Guna. 5. On the other hand, counsel for the respondents' submits that as a matter of fact, the respondents are senior citizens and not maintaining good health. As such, she has prayed for transfer of the aforesaid case from Sheopur to Guna. 5. On the other hand, counsel for the respondents' submits that as a matter of fact, the respondents are senior citizens and not maintaining good health. It is submitted that during the criminal trial of offence under section 498A of IPC, the petitioner No.1 has all along visited Sheopur and deposed in the Court as a prosecution witness. Hence, she has attended proceedings regularly in the aforesaid criminal case without any fear or problem. Therefore, the plea of apprehension of the petitioner No.1 that some untoward situation may occur at Sheopur if she attends in the proceedings of the present case is totally false and without any basis. They have love and affection towards their grand­son, Anmol Singh. As such, having no other successor to succeed to their estate, they have initiated the present proceedings for custody of their grand­son from the petitioner No.1. Counsel for the respondents' submits that the respondents' undertakes to abide by the terms and conditions this Court deems fit and proper in the matter of safety and security of the petitioner No.1, so also; ready and willing to bear the expenses to be incurred for travelling by her by any mode of transport of her choice. It is further submitted that the respondents shall also undertake to see that petitioner shall always be safe and secure as and when she visits Sheopur while attending the Court in the proceedings instituted at their instance. With the aforesaid submissions, it is prayed that as the criminal trial between the parties instituted at the instance of petitioner No.1 is going on since 2012 at Sheopur and she has not faced any kind of threat or harm while attending the Court in said criminal case, the instant case for custody of their grand­son could not be transferred to Guna and the same be allowed to be continued at Sheopur, otherwise, respondents – senior citizens shall be put to great inconvenience. 6. Having considered submissions so advanced by counsel for the parties, this Court is of the opinion that no case is made out for transfer of Miscellaneous Civil Case No.7/2012 (Shiv Singh and another v. Smt. Bramhajeet and another) from Sheopur to Guna. Just because the petitioners are residing at Guna that by itself shall not justify transfer of the pending case to Guna. Just because the petitioners are residing at Guna that by itself shall not justify transfer of the pending case to Guna. Besides, the fact that the petitioner No.1 has all along been attending proceedings of the criminal trial before the Court at Sheopur since 2012 and there was no complaint or apprehension of threat to the petitioner. That apart, the respondents are senior citizens and the aforesaid case initiated by them is pending since 2012, which according to them is at the advanced stage and further they have given an undertaking before this Court to provide proper facilities of safety, security, accommodation and the transportation expenses of petitioners for attending the instant pending case at Sheopur, in the opinion of this Court, the instant MCC may be and hereby disposed of with following directions : (i) the respondents shall arrange the mode of transport of the choice of the petitioners to and fro Guna to Sheopur to attend the case and pay the transportation charges in advance or on showing the requisite bill/proof of travel; (ii) for every visit of the petitioners to attend the instant case, the respondents shall provide accommodation in reasonable suitable hotel to the petitioner No.1 and her son, Anmol Singh, keeping in mind their their safety and security. All hotel expenses shall be borne by the respondents; (iii) the respondents shall pay Rs.15,000/- (Rupees Fifteen thousand only) to the petitioners for every visit to attend the hearing of the case; (iv) either of the parties shall not seek unnecessary adjournments before the Court below; (v) As the proceedings are pending since the year 2012, the Court below shall endeavour to dispose of Miscellaneous Civil Case No.7/2012 (Shiv Singh and another v. Smt. Bramhajeet and another) expeditiously, on its own merits, in accordance with law preferably within three months from the date of production of certified copy of the order passed by this Court. Consequently, the interim order dated 10.4.2013 passed by this Court stands vacated. (vi) The trial Court shall also ascertain due compliance of aforesaid directions. 7. It is made clear that this Court has not expressed any opinion on merits of the case. ..................