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HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT
JABALPUR
MCC NO. 2076/2019
Parties Name Shraddha Gaur
Vs.
Tanmay Chourasiya
Bench Constituted Hon’ble Shri Justice Vishal Dhagat
Judgment delivered by Hon. Shri Justice Vishal Dhagat
Whether approved for Yes/No
reporting
Name of Advocates for parties For applicant:- Shri Deepesh Mahavar,
Advocate.
For respondent:- Shri V.S. Pandey,
Advocate.
Law laid down
Significant paragraph
numbers
(O R D E R)
01.05.2020
1. Applicant Shraddaha Gaur has filed the present application under
Section 24 of Code of Civil Procedure for transfer of case filed at
Family Court at Jabalpur under Section 13 of Hindu Marriage Act filed
by non-applicant to Family Court, Bhopal. Counsel for the applicant
argued that applicant has lodged an FIR which was registered at crime
no. 118/2019 at Bhopal against the non-applicant. She has also filed an
application for maintenance under section 125 of Cr.P.C. which is also
pending at Bhopal. A complaint case under the provisions of Domestic
Violence Act has also been filed before Judicial Magistrate First Class
at Bhopal. It is prayed by the counsel appearing for the applicant that
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Date: 06/05/2020 12:10:46
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non-applicant will come at Bhopal for attending the aforesaid case,
therefore, divorce case which has been filed by non-applicant at
Jabalpur may also be transferred at Bhopal. Applicant has further made
averments in her application that the distance between Bhopal to
Jabalpur is about 350 km and applicant will not be able to travel to such
long distance for attending the case in Jabalpur. Non-applicant is the
able-bodied person and he is appearing in other cases at Bhopal.
Applicant has no source of income and she is not getting sufficient
maintenance and litigation expenses to go to Jabalpur for attending the
case. Counsel appearing for the applicant has relied on judgment
reported in AIR 2000 SC 3512 and case reported in AIR 2000 SC 3529.
In these cases matters have been transferred looking to the practical
difficulties of life in travelling from one city to another. In view of
aforesaid submission, applicant has made a prayer that divorce case
pending at Jabalpur may be transferred to Bhopal.
2. Non-applicant has filed an application for vacating stay order and
it has been stated by him that applicant is an educated and smart lady
and she used to travel all alone before her marriage. Even after her
marriage, she used to travel between Bhopal and Jabalpur frequently.
Non-applicant is intentionally avoiding the notices issued by the Family
Court at Jabalpur and report shows that she is not available at the
address. Applicant when received information about pendency of
divorce case at Jabalpur has filed an FIR against the non-applicant and
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his mother under Section 498- A of Indian Penal Code. She has also
initiated other proceedings against the applicant i.e. for maintenance
and one under The Protection of Women From Domestic Violence Act,
2005. It is further submitted by the counsel appearing for the non-
applicant that Jabalpur is well connected with Bhopal and in view of
aforesaid submissions, prayer is made by the counsel appearing for
non-applicant to dismiss the application for transfer of case.
3. Considered the arguments of both the parties.
4. In the application for transfer of case, applicant has raised only
two grounds, first ground is long distance between Bhopal to Jabalpur
which is 350 kms and second ground is that applicant does not have any
independent source of income to come to Jabalpur for attending the
case. Jabalpur to Bhopal is well connected by train and there are many
trains between the two cities which come to Jabalpur in the morning
and from Jabalpur train starts in the evening for Bhopal. Looking to the
mode of transportation between Jabalpur to Bhopal, it cannot be said
that applicant is in extraordinary or unusual difficulty in travelling from
Bhopal to Jabalpur. As far as the monitary ground raised by the
applicant is concerned it is ordered that on each occasion when
applicant comes to Jabalpur for attending the case non-applicant will
pay an amount of Rs.1,000/- as expenses to the applicant for attending
the case. Only because non-applicant is going to Bhopal for attending
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other cases filed by the applicant will itself not give any ground to
applicant for transfer of case. No other practical difficulty has been
pointed out by the applicant.
5. In view of aforesaid facts and circumstances of the case,
Miscellaneous Civil Case filed by the applicant for transfer of divorce
petition is dismissed.
(Vishal Dhagat)
Judge
sh
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HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT
AT JABALPUR
MCC No.2076/2019
Applicant : Shraddha Gaur
Vs.
Respondents : Tanmay Chourasiya
Single Bench: Hon’ble Shri Justice Vishal Dhagat
Order post for 1st May, 2020.
(Vishal Dhagat)
Judge
30/04/2020
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HUSSAIN
Date: 06/05/2020 12:10:46
