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2019 DIGILAW 497 (MP)

Gayatri @ Janvi v. Rajesh Rajani

2019-07-09

VANDANA KASREKAR

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ORDER 1. This is an application under section 24 of CPC for transfer of HMA Case No. 1584/2017 pending before Principal Judge, Family Court, Indore to Family Court, Chhatarpur, District-Chhatarpur (M.P.). Application was filed by the respondent for seeking divorce from the petitioner. 2. Facts in brief are that the marriage between the petitioner and respondent was solemnized on 7.3.2013 according to Hindu Rituals and Rites, thereafter, the family members and the respondent started harassing her on account of demand of dowry. Due to the cruelty extended by the family members of the respondent, petitioner was forced to leave her matrimonial home. Petition under section 13 of Hindu Marriage Act has been filed by the respondent before the Principal Judge, Family Court, Indore. It is argued that being a female, it will be inconvenient for the petitioner to travel alone from Chhatarpur to Indore. It is submitted by the counsel for the petitioner that no one is there to assist her. It is very difficult for her to attend the hearing of the case at a Court situated at Indore, therefore, case be transferred from Principal Judge, Family Court, Indore to Family Court, Chhatarpur, District - Chhatarpur (M.P.). 3. Heard learned counsel for both the parties and perused the record. 4. There is no doubt that divorce petition filed by the respondent is pending. It is also an admitted fact that respondent is working at Indore. 5. In Aarti Rani v. Dharmendra Kumar Gupta AIR 2009 SC (suppl.) 758, the Hon'ble apex Court considering the facts that the matrimonial suit was pending in one State and wife was residing out of that State, distance between two places would cause difficulty to the wife to attend the proceedings, transferred the suit at the place where wife resides. Similarly in Sumitra Singh v. Kumar Sanjay AIR 2002 SC 396 , Renu Goutam v. Vinod Goutam AIR 2000 SC 3405 (1) and Ravinder Singh v. Jitender Singh AIR 200 SC 3403 (2), considering the convenience of wife and other facts of the case, the Hon'ble Supreme Court transferred the case to the place where the wife resides. 6. In the present case also considering the matrimonial disputes between the parties, in my considered opinion, it would be in the interest of justice that the case pending before the Principal Judge, Family Court, Indore be transferred to the Family Court Chhatarpur, District Chhatarpur (M.P.). 6. In the present case also considering the matrimonial disputes between the parties, in my considered opinion, it would be in the interest of justice that the case pending before the Principal Judge, Family Court, Indore be transferred to the Family Court Chhatarpur, District Chhatarpur (M.P.). 7. Consequently, without commenting on the merits of the case, the application is allowed. HMA Case No. 1584/2017, pending before the Principal Judge, Family Court, Indore is withdrawn from the Court and be transferred to the Family Court, Chhatarpur, District-Chhatarpur. The Competent Court, Chhatarpur is directed to expedite the matter and ensure that no unnecessary adjournments shall be granted to either of the parties. 8. With the aforesaid direction, present petition stands disposed of accordingly.