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2012 Supreme(MP) 500

BRIJ KISHORE DUBE
Shailey Madne – Appellant
Versus
Pankaj Kumar Madne – Respondent


Advocates:
Deepak Shrivastava for applicant; Sushil Goswami for respondent.

ORDER

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-applica
























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