IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL th ON THE 9 OF FEBRUARY, 2024 MISC. CIVIL CASE No. 3116 of 2023 BETWEEN:-

MAMTA UBNARE W/O SHRI NARENDRA UBNARE, AGED ABOUT 40 YEARS, OCCUPATION: ASSISTANT SUB INSPECTOR MARKETING BOARD R/O H NO. 177, ISHAN GRAND ESTATE, NEAR AMER MAJESTIC, HOSHANGABAD ROAD, BHOPAL (MADHYA PRADESH)

.....APPLICANT (BY SHRI BHASKAR PANDEY - ADVOCATE)

AND NARENDRA UBNARE S/O SHRI KISHNA JI, AGED ABOUT 47 YEARS, OCCUPATION: GOVT. JOB R/O H. NO. B-47, UDAY PARISHAR, SADAR BETUL, DISTRICT BETUL (MADHYA PRADESH)

.....RESPONDENT (BY SHRI YUVRAJ VAIDYA - ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

Present petition has been filed by wife/applicant under Section 24 of the Code of Civil Procedure, who has prayed for transfer of petition bearing Case No. RCS HM/176/2023 filed by respondent/husband u/s Section 13 of Hindu Marriage Act from the Court of Principal Judge, Family Court, Betul to Family Court, Bhopal.

2. Learned counsel for the applicant submits that the applicant is facing difficulty in participation of the proceedings pending in the Court of Principal Signature Not Verified Judge, Family Court, Betul and it would be convenient to her to attend proceedings in the Family Court at Bhopal. He further submits that a case filed at the instance of wife under Section 125 Cr.P.C. is pending adjudication before the Principal Judge, Family Court, Bhopal wherein the respondent is appearing, therefore, as per convenience of the wife, who is residing at Bhopal, RCS HM/176/2023 filed by husband under Section 13 of the Hindu Marriage Act, deserves to be transferred from the Court of Principal Judge, Family Court, Betul to Family Court, Bhopal. In support of his submissions, learned counsel placed reliance on decisions of Hon’ble Supreme Court in the case of Tejalben v. Mihirbhai Bharatbhai Kothari (2016) 3 SCC 69; Ruchi Rawat v. Principal Judge, Family Court, Etah and another 2022 SCC Online SC 2036; Manjula Singh Chouhan v. Vishal Singh Chouhan (2019) 13 SCC 660 & Sumita Singh v. Kumar Sanjay and Anr. (2001) 10 SCC 41 and prays for transfer of petition from the Court of Principal Judge, Family Court, Betul to Family Court, Bhopal.

3. Although no written reply has been filed by the respondent, but learned counsel for the respondent vehemently opposed the prayer for transfer of the case.

4. Considering the submissions of learned counsel for the applicant and in the light of aforesaid judgments of Supreme Court and taking into consideration convenience of wife, the case under Section 13 of Hindu Marriage Act filed by respondent/husband bearing RCS HM/176/2023 pending in the Court of Principal Judge, Family Court, Betul deserves to be and is hereby directed to be transferred to Family Court, Bhopal.

5. A copy of this order be sent to the Court of Principal Judge, Family Court, Betul to be placed in the file of RCS HM/176/2023. A copy of this order be Signature Not Verified also sent to Family Court, Bhopal.

6. With the above, this MCC is allowed and disposed off.

7. Pending application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL)

JUDGE ss Signature Not Verified