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Madhya Pradesh High Court · body

2018 DIGILAW 55 (MP)

Pratibha w/o Krishna Wagmode v. Krishna s/o Yashwantrao Wagmode

2018-01-12

S.C.SHARMA

body2018
ORDER : Mr. Sunil Kumar Yadav, learned counsel for the applicant. 2. The petitioner before this Court has filed this present petition for transfer of matrimonial dispute i.e. Case No. 360/2017 from Family Court, Indore to the Family Court, Gwalior. 3. This Court has issued notice in the matter and in spite of service of notice there is no appearance on behalf of the respondents. 4. The facts of the case reveal that the husband of the petitioner has filed a divorce petition and she is having two minor children and she is residing at Gwalior. The petition has been filed at Indore. It has been stated that the wife is receiving a maintenance of Rs. 3000/- per month and there is no other family member to escort her to attend the proceedings at Indore. Her father is aged about sixty years and the petitioner has to come along with two minor children aged about 3 and 7 years, respectively and prayer has been made for transfer to Family Court, Gwalior. 5. In spite of notice as stated earlier there is no appearance on behalf of the other side. 6. This Court after hearing learned counsel for the applicant and after going through the document on record is of the considered opinion that the wife is certainly facing difficulties in transferring down to Indore on each and every date of hearing. 7. Resultantly, keeping in view the grounds raised by the present petitioner the matrimonial dispute i.e. Case No. 360/2017 is transferred from Family Court, Indore to Family Court, Gwalior. 8. The parties shall appear before the Family Court, Gwalior on 26-2-2018 and the Family Court, Gwalior shall issue a fresh notice to both the parties and shall proceed thereafter. The record be transferred to Family Court, Gwalior immediately. 9. Certified copy as per rules.