SUNIDHI PRASAD Vs. SHASHANK GUPTA

JUDGEMENT

(1.) Applicant has filed this application under Sec. 24 of C.P.C. for transfer of case bearing RCMH No.696/2022, CNR No.MP-2002001290/2022 (Shashank Vs. Smt. Sunidhi) from the Court of Third Additional Principal Judge, Family Court, District Jabalpur to Competent Family Court, District Bhopal (M.P.).

(2.) Counsel appearing for applicant submitted that marriage of applicant and respondent was solemnized on 9/12/2020 at Jabalpur according to Hindu rites and rituals and they were residing at Jabalpur from 9/12/2020 to 12/6/2021. Due to their wedlock one male child namely Ardharti Adhiyant was born, who is aged about 3 years. Thereafter, respondent and his family members started torture and harassment of applicant for giving insufficient dowry at the time of marriage. Applicant was being beaten on regular basis. In these circumstances, applicant left the house of respondent and started living with her parents along with her son. It is submitted that respondent intentionally and knowingly has filed an application under Sec. 13 of Hindu Marriage Act, 1955 for decree of divorce before Third Additional Principal Judge, Family Court, District Jabalpur which is registered as RCMH No.696/2022, CNR No.MP-2002001290/2022. It is submitted that applicant is a government employee and due to lack of permission from department, she could not appear before the family Court Jabalpur on each and every date. It is further submitted that the distance between Jabalpur to Bhopal is about 350 Kms. which is very expensive and difficulty is that the mother of applicant is aged about 75 years old widow lady who is suffering from multiple disease and there is no one to look after her. It is further submitted that there is no male member to come with her at Jabalpur on each and every date of hearing of case. Counsel appearing for applicant relied on judgment/order passed in case of Laxmi Vs. Jitendra Kumar 2004(4) MPLJ 310 and in case of Paramjeet Kaur Vs. Dharam Pal 2007 (2) MPHT 334 in which the High Court has held that the difficulties of wives should be considered in liberal way after evaluating the same. In these circumstances, RCMH No.696/2022, CNR No.MP-2002001290/2022 (Shashank Vs. Smt. Sunidhi) be transferred from the Court of Third Additional Principal Judge, Family Court, District Jabalpur to Competent Family Court, District Bhopal.

(3.) Learned counsel appearing for respondent submits that the case RCMH No.696/2022 is pending since July, 2022 and applicant is regularly appearing before the Court of Principal Judge Family Court, District Jabalpur and the case is already fixed for evidence of applicant/respondent. It is submitted that applicant is an educated lady and she is in government job and she has not any difficulty to appear in case pending before Family Court, District Jabalpur. It is further submitted that this MCC is only filed to torture the respondent and there is no need to transfer the case from Family Court, District Jabalpur to Family Court, District Bhopal. In these circumstances, application for transfer of case filed by applicant may be dismissed.