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Judgments of Supreme Court of India and High Courts

Shraddha Gaur vs Tanmay Chourasiya on 1 May, 2020

1

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

Digitally signed by S HUSHMAT
HUSSAIN
Date: 06/05/2020 12:10:46
2

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

Digitally signed by S HUSHMAT
HUSSAIN
Date: 06/05/2020 12:10:46
3

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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HUSSAIN
Date: 06/05/2020 12:10:46
4

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

Digitally signed by S HUSHMAT
HUSSAIN
Date: 06/05/2020 12:10:46
5

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

Digitally signed by S HUSHMAT
HUSSAIN
Date: 06/05/2020 12:10:46

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