REKHA Vs. JAYPRAKASH
LAWS(MPH)-2018-4-68
HIGH COURT OF MADHYA PRADESH (FROM: INDORE)
Decided on
April 04,2018
REKHA
Appellant
VERSUS
Jayprakash
Respondents
Referred Judgements :-
RENU GAUTAM VS. VINOD GAUTAM [REFERRED TO]SUMITRA SINGH VS. KUMAR SANJAY [REFERRED TO]
DHARAM SINGH VS. KARNAIL SINGH [REFERRED TO]
JUDGEMENT
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(1.)The applicant has filed the present petition seeking transfer of HMA Case No.1280/2015 from the Court of District Judge, Indore to Family Court at Ratlam.
(2.)Brief facts of the case are that the marriage of the applicant and the respondent was solemnized on 25.02.2011 as per Hindu customs. Thereafter, certain dispute arose between them and they started living separately. After their marriage a daughter was born on 21.04.2012 and at present she is aged about 5 years. Since last more that five years the applicant and the respondent are living separately. They both filed counter case against each other seeking maintenance. Initially, the respondent filed an application under Section 9 of the Restitution of Conjugal Rights, but that has been withdrawn and thereafter, he filed an application under Section 13 of the Hindu Marriage Act for divorce. The petitioner has started attending the proceedings at Indore, but now by order dated 13.09.2017, the Family Court has transferred the case from Indore to Depalpur as the respondent is the resident of Depalpur and the cause of action arose at Depalpur. The petitioner is now required to attend the proceedings all the way from Ratlam to Depalpur and therefore, the petitioner is seeking transfer of the case from the Court of District Judge, Indore to Family Court at Ratlam.
Learned counsel for the respondent opposes the prayer for transfer of the case.
(3.)The applicant is working as Samvida Shikshak and five years daughter is dependent on her. Except aged father no other male member is in the family to accompany her for attending the proceedings, whereas the respondent is unemployed person and therefore, he is free to attend the proceedings. The present petition is filed for transfer of the above case from the Court of District Judge, Indore to Family Court at Ratlam. In support of contention, learned counsel for the applicant has placed reliance over the judgment of Aarti Rani V/s. Dharmendra Kumar Gupta : AIR 2009 SC (Suppl) 758; Sumitra Singh V/s. Kumar Sanjay : AIR 2002 SC 396; and Renu Gautam V/s. Vinod Goutam : AIR 2000 SC 3405.
(2.)Brief facts of the case are that the marriage of the applicant and the respondent was solemnized on 25.02.2011 as per Hindu customs. Thereafter, certain dispute arose between them and they started living separately. After their marriage a daughter was born on 21.04.2012 and at present she is aged about 5 years. Since last more that five years the applicant and the respondent are living separately. They both filed counter case against each other seeking maintenance. Initially, the respondent filed an application under Section 9 of the Restitution of Conjugal Rights, but that has been withdrawn and thereafter, he filed an application under Section 13 of the Hindu Marriage Act for divorce. The petitioner has started attending the proceedings at Indore, but now by order dated 13.09.2017, the Family Court has transferred the case from Indore to Depalpur as the respondent is the resident of Depalpur and the cause of action arose at Depalpur. The petitioner is now required to attend the proceedings all the way from Ratlam to Depalpur and therefore, the petitioner is seeking transfer of the case from the Court of District Judge, Indore to Family Court at Ratlam.
Learned counsel for the respondent opposes the prayer for transfer of the case.
(3.)The applicant is working as Samvida Shikshak and five years daughter is dependent on her. Except aged father no other male member is in the family to accompany her for attending the proceedings, whereas the respondent is unemployed person and therefore, he is free to attend the proceedings. The present petition is filed for transfer of the above case from the Court of District Judge, Indore to Family Court at Ratlam. In support of contention, learned counsel for the applicant has placed reliance over the judgment of Aarti Rani V/s. Dharmendra Kumar Gupta : AIR 2009 SC (Suppl) 758; Sumitra Singh V/s. Kumar Sanjay : AIR 2002 SC 396; and Renu Gautam V/s. Vinod Goutam : AIR 2000 SC 3405.
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