IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 16 OF FEBRUARY, 2024 MISC. CIVIL CASE No. 1288 of 2023 BETWEEN:-

DR. GUNJANA SINGH D/O SHRI ARUN DEV SINGH, AGED ABOUT 42 YEARS, R/O B 601 SAGAR PARADISE NEW BIRLA HOSPITAL GWALIOR (MADHYA PRADESH)

.....APPLICANT (BY SHRI AMIT KUMAR TIWARI - ADVOCATE )

AND SHRI VIKRAM DEV SINGH S/O SHRI SHESH RAJ SINGH, AGED ABOUT 46 YEARS, P/O AMAHIYA TEHSIL HUJUR GALI NO. 4 URRHAT REWA PRESENT ADD. INFANTTRY DIVISION C/O 56 APO OLD AMRITSAR CANTT DISTT.

AMRITSAR (PUNJAB)

.....RESPONDENTS (BY SHRI SHAKTI PRAKAS PANDEY - ADVOCATE )

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

ORDER

This is an application seeking transfer of case No.RCSHM/143A/2022 filed by the respondent/husband under Section 13 of Hindu Marriage Act pending before Family Court, Rewa to Family Court, Gwalior.

2. It is contended by the counsel that after marriage of the applicant and the respondent on 18.11.2003, on account of matrimonial dispute, the result was institution of litigation including a case under Section 13 of the Hindu Marriage Act filed by the respondent / husband in the Court of Family Court, Rewa. Learned counsel for the applicant contends that the distance between Signature Not Verified Rewa and Gwalior is 600 Km. The applicant is mother of two children, who are pursuing their studies at Gwalior. Learned counsel for the applicant further contends that the applicant is also a chronic patient of diabetes and to substantiate the said contention, Annexure-A/3 i.e. the document pertaining to treatment of the applicant has been brought on record. It is thus, contended by the counsel that in view of the law laid down by the Apex Court in the case of NCV Aishwarya vs. A.S. Saravan Kartik 2022 SCC OnLine SC 1199, the case No.RCSHM/143A/2022 be transferred from Rewa to Gwalior.

3. Per contra, learned counsel for the respondent contends that the petition filed by the applicant is misconceived. It is contended by the counsel that inconvenience of the husband is also required to be seen as at present, the husband is at Amritsar, Infantry Division and the other witnesses who have to depose in support of the respondent’s application filed under Section 13 of the Hindu Marriage Act are placed at Rewa only, therefore, the transfer of the case to Gwalior would cause prejudice to the respondent as well. Learned counsel for respondent has submitted that the present applicant if so desires can enter appearance through video conferencing.

4. No other point is pressed by the parties.

5. Having considered the submissions advanced on behalf of the parties, in the present case, the case under Section 13 of the Hindu Marriage Act has been filed by the respondent/husband at Family Court, Rewa. It is undisputed that the distance between two places i.e. Rewa and Gwalior is 600 Km. The applicant is the mother of two minor children, who are studying at Gwalior and the applicant is also herself is a diabetic patient, therefore, the appearance at Rewa in uncertain terms would cause inconvenience and hardship to the Signature Not Verified applicant.

6. Therefore, taking into consideration the inconvenience of the applicant/wife, it would be conducive to transfer the case [Please See: NCV Aishwarya vs. A.S. Saravan Kartik 2022 SCC OnLine SC 1199].

7. Accordingly, the application stands allowed. The case No.

RCSHM/143A/2022 filed by the respondent/husband under Section 13 of the Hindu Marriage Act in the Family Court, Rewa is transferred to Family Court Gwalior.

8. Parties are directed to remain personally present before the Family Court, Gwalior on 18.03.2024.

9. As the respondent is posted at Amritsar, the Family Court, Gwalior is further directed to permit the respondent to appear through video conferencing except the dates on which, his personal presence is imperative. The respondent shall also be permitted to adduce evidence through virtual mode only.

10. With the afo