1. This transfer petition under section 24 of the Code of Civil Procedure, 1908 is preferred on behalf of the applicant/wife for transferring the Civil Suit No.639-A/2011 HMA (Pankaj Kumar Madne v. Smt. Shailey Madne) filed by the non-applicant/husband before the Court of Principal Judge of Family Court, Bhopal from such Court to the Family Court at Gwalior for its further trial.

2. Learned counsel for the applicant submitted that this transfer petition is maintainable before this Bench. He has placed reliance on the case of Lakshmi Nagdev v. Jitendra Kumar Nagdev [2005(1) MPHT 30], and an unreported order dated 26.11.2008 passed in M.C.C. No.673/2006 (Smt. Kalpana w/o Manish alias Mahendra Singh v. Maish Singh alias Mahendra Singh) by this Court.

3. In response, learned counsel for the respondent submits that the application is not maintainable before this Court. He has placed reliance on the case of 2012(3) MPLJ 467, Smita Jain v. Anil Kumar Jain.

4. According to the applicant her marriage was solemnized with the non-applicant on 13.6.2010 as per Hindu rites and customs at Bhopal and after marriage, they lived together as husband and wife. She was ill-treated by the non-applicant and his family members for non-fulfilling their greed of dowry and she came to her parental house at Gwalior. It is further pleaded by the applicant that she has filed an application under section 125 of CrPC before the Family Court, Gwalior and also lodged a report against non-applicant and his (non-applicant’s) family members, arising out of which a criminal case under section 498A, 506/34 of IPC and section 4 of Dowry Prohibition Act, is pending in the Court of JMFC, Gwalior. She has also made a complaint against the non-applicant and his family members, as a result of which a case under section 12 of the Protection of Women from Domestic Violence Act, 2005 was registered and is pending before the Court of JMFC, Gwalior. On the pretext, the non-applicant has filed divorce petition under section 13 of the Hindu Marriage Act, 1955 against her which is registered as Civil Suit No.639-A/2011 and is pending before the Family Court, Bhopal. The applicant has no source of income and she is unable to come alone to attend the Court at Bhopal regularly and apprehending that non-applicant may put her to trouble, therefore, she prayed for transferring case from Family Court, Bhopal to Family Court, Gwalior.

5. It is appropriate to reproduce the sections 23 and 24 of CPC, which reads as under :

“23. To what Court application lies. -- (1) Where the several Courts having jurisdiction are subordinate to the same appellate Court, an application under section 22 shall be made to the appellate Court.

(2) Where such Courts are subordinate to different appellate Courts but to the same High Court, the application shall be made to the said High Court.

(3) Where such Courts are subordinate to diffeent High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.

24. General power of transfer and withdrawal. -- (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage --

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and --

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii)_ retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of suc