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2023 Supreme(Online)(MP) 12396
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 15th OF DECEMBER, 2023
MISC. CIVIL CASE No. 1453 of 2023
BETWEEN:-
SMT. NISHITAKUNWAR W/O DIGVIJAYSINGH
CHOUHAN,
AGED
ABOUT
30
YEARS,
OCCUPATION: PRIVATE JOB 496 VIP PARASPAR
NAGAR, SCHEME NO. 97 PART-4 SLICE-3
INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI VISHAL BAHETI – ADVOCATE)
AND
DIGVIJAYSINGH S/O SHRI SAMANTSINGHJI
CHOUHAN,
AGED
ABOUT
32
YEARS,
OCCUPATION:
SERVICE
VILLAGE
BHATKHEDA, AT PRESENT HUDCO COLONY,
NEEMUCH
TAHSIL
AND
DIST.
NEEMUCH
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ROMIL MALPANI – ADVOCATE)
………………………………………………………………………………………….
This application coming on for admission this day, the court
passed the following:
Vishal Baheti,
Video conferencing can be used as an alternative to transferring matrimonial cases to ensure that the summoning of the defendant/respondent does not result in denial of justice.
Headnote:
TRANSFER OF CASE - MATRIMONIAL DISPUTE - VIDEO CONFERENCING - [The court held that in matrimonial disputes, video conferencing can be used as an alternative to transferring the case to a more convenient forum, ensuring that the summoning of the defendant/respondent does not result in denial of justice.]
Fact of the Case:
The applicant/wife filed an application under Section 24 read with Section 151 of CPC for transfer of a divorce case filed by the respondent/husband in Neemuch to the Family Court in Indore, citing distance and lack of support from the respondent. The respondent opposed the transfer, alleging that the applicant was harassing him and had filed false cases against him.
Finding of the Court:
The court observed that video conferencing facilities are available in both Neemuch and Indore, and that the applicant is a working woman residing in Indore. It held that the applicant could contest the matter through video conferencing, as directed by the Supreme Court in the case of Krishna Veni Nagam.
Issues: Whether the divorce case should be transferred from Neemuch to Indore for the convenience of the applicant/wife.
Ratio Decidendi: The court relied on the Supreme Court's decision in Krishna Veni Nagam, which held that video conferencing can be used as an alternative to transferring matrimonial cases to ensure that the summoning of the defendant/respondent does not result in denial of justice.
Final Decision: The court directed that the applicant/wife contest the divorce case pending in Neemuch through video conferencing without going to Neemuch.
1]
Heard finally, with the consent of the parties.
Signed by: PANKAJ
PANDEY
Signing time: 04-01-2024
16:41:04
Signature Not Verified
2
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.
Signed by: PANKAJ
PANDEY
Signing time: 04-01-2024
16:41:04
Signature Not Verified
3
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
reported as (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
Signed by: PANKAJ
PANDEY
Signing time: 04-01-2024
16:41:04
Signature Not Verified
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more convenient for the interest of all the parties at the ends of
justice. In Modi Entertainment Network v. W.S.G. Cricket Pte.
Ltd.this Court observed:
“19. In Spiliada Maritime case the House of Lords laid down
the f
