IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA st ON THE 1 OF FEBRUARY, 2024 MISC. CIVIL CASE No. 2174 of 2022 BETWEEN:-

SMT. SEEMA W/O RAJESH VISHVKARMA, AGED ABOUT 37 YEARS, OCCUPATION: HOUSEWIF R/O SHIV NAGAR COLONY KOTWALI TIKAMGARH (MADHYA PRADESH)

.....APPLICANT (BY SHRI ASHISH JOSHI, ADVOCATE)

AND RAJESH S/O SHRI LAKHANLAL VISHVKARMA, AGED ABOUT 42 YEARS, OCCUPATION: BUSINESS R/O 29-B ANKUR ANGAN NIPANIAY ROAD (MADHYA PRADESH)

.....RESPONDENT (BY SHRI SANTOSH KUMAR KATIYAR, ADVOCATE)

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

ORDER

01. The applicant being the wife has filed the present M.C.C. u/s. 24 of the C.P.C. seeking transfer of the HMA Case No. 887/2018 (Rajesh vs. Seema) pending before Second Additional Principal Judge, Family Court, Indore to Family Court at Tikarmgarh.

02. The applicant has stated that she has a female child of 7 years and she is residing at District - Tikamgarh i.e. more than 500 Kms. away from District-Indore and an application under section 9 of the Hindu Marriage Act was filed for restitution of conjugal rights before the Family Court by her husband. The applicant has filed the maintenance application before the Family Signature Not Verified Signed by: AKANKSHA Court Tikamgarh that has been decided and she has also filed a complaint under the Protection of Women from Domestic Violance Act, 2005 i.e. pending before the Judicial Magistrate First Class, Tikamgarh and this case is pending at Indore. Applicant is very poor lady and to attend the proceedings before the Family Court, Indore she has to come to Indore from Tikamgarh. The respondent is already attending the proceedings in the Tikamgarh Court and he is a matured male person, so the HMA Case No. 887/2018 be transferred from Family Court, Indore to Family Court at Tikarmgarh.

03. Learned counsel for the respondent/husband has submitted that under Section 24 of Hindu Marriage Act, the Family Court has granted Rs.3000/- to the applicant for attending the each date of hearing and for the conveyance expenses. He has further submitted that the applicant has only once attend the Court to record her statements. She is not required to personally appear before the Court.

Heard the learned counsel for the parties.

04. It is an admitted fact that the applicant is the wife of respondent and she is residing at her parental home with her 7 years old minor daughter. The distance of Indore to Tikamgarh is more than 500 Kms. It will be tiresome for the woman to travel this distance for attending the case proceeding in Indore.

05. Contrary to that respondent is a male, doing his own business and looking to that fact and situation, I deem it fit to transfer of the HMA Case No. 887/2018 (Rajesh vs. Seema) pending before Second Additional Principal Judge, Family Court, Indore to the court of Family Court at Tikarmgarh for the trial and disposal of the case, as per the law.

06. It is also worth to mention that if the respondent/husband (applicant Signature Not Verified Signed by: AKANKSHA of that case) seeks to mark his presence by the Video Conferencing, the Family Court, Tikamgarh shall provide and permit him to appear through video conferencing facility and shall not compel him to appear personally except the situation when his personal presence is required for the disposal of the case.

07. The Principal Judge Family Court, Indore is directed to send the record of Case HMA Case No. 887/2018 (Rajesh vs. Seema) filed by respondent/husband to the court of Family Court, Tikamgarh.

08. A copy of this order be sent to Family Court, Indore and Family Court, Tikamgarh for compliance.

09. The parties are directed to appear before the Family Court on the first date of hearing i.e. on 28.02.2024.

10. MCC is allowed and disposed of with the aforesaid observation.

C.C. as per rules.

(DEVNARAYAN MISHRA)

JUDGE VS Signature Not Verified Signed by: AKANKSHA