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In the High Court of Madhya Pradesh
MCC 2907 of 2018
Reema vs. Heeru alias Guddan

Gwalior, Dtd. 27/03/2019

Shri Vilas Tikhe, counsel for the applicant.

Shri Rahul Bansal, counsel for the respondent.

This application under Section 24 of CPC has been filed seeking transfer

of Case No.03 of 2018 pending in the Court of Principal Judge, Family Court,

Datia to the Family Court, Gwalior.

The necessary facts for the disposal of the present application in short are

that the parties are husband and wife. It is the case of the applicant that after

separation, she is residing in Gwalior for the education of her minor children,

who are aged about 11 years and 9 years respectively. The respondent is already

facing the complaint case under Section 12 of Protection of Women from

Domestic Violence Act, which is pending in the Court of JMFC, Gwalior and

similarly, the applicant has also filed an application under Section 9 of the Hindu

Marriage Act for restitution of conjugal rights, which is also pending in the

Family Court, Gwalior. It is further submitted that, the respondent has also filed

an application under Section 9 r/w Section 10 of Guardians and Wards Act, 1890

for the custody of her minor children, which is pending in the Family Court,

Datia. It is submitted that the applicant is residing in Gwalior in a rented

accommodation and when the respondent is already facing two cases at Gwalior,

then the applicant prays that Case No.3/2018 may be transferred from the Family

Court, Datia to the Family Court, Gwalior.

Per contra, it is submitted by the counsel for the respondent that in fact,

the applicant is resident of Datia and in order to harass the respondent, she has

filed the present application for transfer of case to the Family Court, Gwalior. It
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In the High Court of Madhya Pradesh
MCC 2907 of 2018
Reema vs. Heeru alias Guddan

is further submitted that if this Court is of the view that Case No.03 of 2018

which is pending in the Family Court, Datia should be transferred to the Family

Court, Gwalior, then the application filed by the applicant under Section 9 of

Hindu Marriage Act may be consolidated with Case No.03 of 2018 pending in

the Family Court, Datia.

Heard the learned counsel for the parties.

So far as the fact that the respondent is facing two cases i.e. under Section

12 of Protection of Women from Domestic Violence Act and under Section 9 of

Hindu Marriage Act are concerned, the same is not disputed. It is further

admitted that except Case No.03 of 2018, no other case is pending in any Court

at Datia. Thus, this Court is of the considered opinion that no prejudice would

be caused to the respondent if Case No.03 of 2018 which is pending in the Court

of Principal Judge, Family Court, Datia is also transferred to the Principal Judge,

Family Court, Gwalior.

So far as the question of consolidation of Case No.03 of 2018 with Case

No.55-A of 2017 is concerned, the respondent is free to make a prayer before the

Family Court, Gwalior to take up the cases on one day. Under these

circumstances, Case No.03 of 2018 pending in the Court of Principal Judge,

Family Judge, Datia is transferred to the Court of Family Court, Gwalior. The

Principal Judge, Family Court, Datia is directed to transmit the record of Case

No.03 of 2018 to the Family Court, Gwalior.

This MCC stands disposed of accordingly.

(G.S. Ahluwalia)
Judge
MKB

MAHENDRA KUMAR
BARIK
2019.03.28 16:17:16
+05’30’