ORDER :

1. Heard finally, with the consent of the parties.

2. This application has been filed by the applicant/wife under Section 24 read with Section 151 of CPC for transfer of Case No. RCSHM No. 71 of 2023 (Digvijaysingh Chouhan vs. Smt. Nishitakunwar Chouhan) pending in the Court of Principal Judge, Family Court, Neemuch to the Court of Family Court, Indore.

3. In brief, the facts of the case are that the marriage of applicant/wife and the respondent/husband was solemnized on 29.01.2019 as per the hindu rites and out of this wedlock, they have no issue. According to the applicant, after the marriage, the respondent and his family members have started treating the applicant with cruelty and thus, the applicant is residing separately from the respondent since last around one year. On account of the matrimonial discord, the respondent/husband has also filed an application for divorce in the Family Court at Neemuch under Section 13 of Hindu Marriage Act, 1955, which is sought to be transferred by the applicant by way of this application.

4. Counsel for the applicant has submitted that the applicant’s father has already died and she is living with her widow mother along with younger sister and brother and since the distance from Indore to Neemuch is around 300 kms, it would be extremely difficult for the applicant to participate in the aforesaid proceedings, which would result in around 8 hours time to travel Neemuch and back, and since she has no other relatives in Neemuch, it would be extremely difficult for her to manage her affairs there and the respondent/husband is also not paying her any alimony towards her maintenance.

5. The aforesaid application is opposed by the respondent husband, although no separate reply has been filed, however, counsel for the respondent has placed on record some documents including a notice issued at the instance of the applicant as also a letter issued by the father of the respondent apprehending that their daughter-in-law, the applicant herein, may lodge any false case against them, who has also threatened them of dire consequences. It is also submitted that the applicant is also organizing events in the various parts of the Country. The screenshot of her Instagram profile is also placed on record. It is also submitted that the applicant has already filed a case under the provisions of Domestic Violence Act against the respondent at Indore and is adopting all the tactics to further harass the respondent. Thus, it is submitted that no case for interference is made out.

6. There is no rebuttal of these documents by the applicant.

7. Heard. So far as the transfer of a case involving the matrimonial dispute is concerned, the Supreme Court has had the occasion to reflected upon the same in the year 2017, taking into account the latest technological advancements (available at that time) in the case of Krishna Veni Nagam vs. Harish Nagam, (2017) 4 SCC 150. The relevant paras of the same read as under:

“13. We have considered the above suggestions. In this respect, we may also refer to the doctrine of forum non conveniens which can be applied in matrimonial proceedings for advancing interest of justice. Under the said doctrine, the court exercises its inherent jurisdiction to stay proceedings at a forum which is considered not to be convenient and there is any other forum which is considered to be more convenient for the interest of all the parties at the ends of justice. In Modi Entertainment Network vs. W.S.G. Cricket Pte. Ltd. this Court observed:

“19. In Spiliada Maritime case the House of Lords laid down the following principle:

“The fundamental principle applicable to both the stay of English proceedings on the ground that some other forum was the appropriate forum and also the grant of leave to serve proceedings out of the jurisdiction was that the court would choose that forum in which the case could be tried more suitably for the interest of all the parties and for the ends of justice.”

The criteria to