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2023 Supreme(Online)(MP) 2987

HIGH COURT OF MADHYA PRADESH
Smt. Abhilasha Shukla – Appellant
Versus
Gaurav Kumar Dubey – Respondent


Advocates:
Bramha Nand Pandey,

ORDER

In both the above petitions, the petitioner wife is seeking transfer of cases filed by the respondent husband under Sections 9 and 13 of the Hindu Marriage Act, 1955. In both these cases transfer is being sought on the same grounds, therefore, both the M.C.Cs are being decided by this common order.

2. Counsel for the petitioner contends that the marriage of the petitioner as well as respondent was solemnized on 28.1.2016. After the marriage, the petitioner was subjected to cruelty and accordingly the instances of cruelty gave birth to the litigations. The present petitioner filed an application under Section 125 of Code of Criminal Procedure before the Family Court, Jabalpur. Respondent/husband also filed an application under Section 9 of the Hindu Marriage Act, 1955 in the Family Court, Shahdol and also an application under Section 13 of the Act of 1955. The counsel contends that both the cases be directed to be transferred to Family Court, Jabalpur inasmuch as, the petitioner is living at Jabalpur along with her sister. There is no male member who can accompany the petitioner to Shahdol on the scheduled dates of hearing. It is further contended by the counsel for the petition

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