ANJALI SHIVHARE Vs. ATUL SHIVHARE

JUDGEMENT

(1.) By this MCC, the applicant/wife has approached this Court under Sec. 24 of the CPC seeking transfer of case No.681A/2022 HMA pending before the Principal Judge, Family Court, Gwalior filed by respondent/husband under Sec. 13(A) of Hindu Marriage Act for restitution of conjugal rights to Family Court, Morena.

(2.) It is the submission of learned counsel for the applicant/wife that marriage between applicant and respondent was solemnized on 3/2/2020 and out of the wedlock, one child born. After sometime of marriage, respondent/husband started harassing her in such a manner that applicant/wife had to leave the house and since then, applicant is living in her parental home. Now the respondenthusband moved an application under Sec. 13(A) of Hindu Marriage Act for restitution of conjugal rights. Applicant is a lady and having a child, therefore, it is not possible for her to attend the Court at Gwalior. Under such circumstances, it is prayed that aforesaid pending before Principal Judge, Family Court, Gwalior may be transferred to Family Court, Morena. On the other hand, learned counsel for the respondent vehemently opposed the prayer and prayed for dismissal of the application. Heard.

(3.) In the case of Sumita Singh Vs. Kumar Sanjay and Another, (2001) 5 Supreme 667, Hon'ble Apex Court has held that in a matrimonial proceedings, if proceedings are initiated by husband, then wife's convenience must be looked at, therefore, in the facts and circumstances of the case, it is considered apposite to direct for transfer of the case No.681A/2022 HMA pending before Principal Judge, Family Court, Gwalior filed by respondent/husband under Sec. 13(A) of Hindu Marriage Act for restitution of conjugal rights to a Court of competent jurisdiction at Morena.