IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 1^st OF SEPTEMBER, 2022 MISC. CIVIL CASE No. 1111 of 2022 Between:-

SMT. ITI DUBEY @ GARIMA W/O PIYUSH SHARMA, AGED ABOUT 34 YEARS, 220 C M-1, MOHINI APEX PARISAR, C SECTOR INDRAPURI, BHEL (MADHYA PRADESH)

.....APPLICANT (BY MR KSHITIJ VYAS-ADVOCATE)

AND PIYUSH SHARMA S/O RADHAKRISHNA SHARMA, AGED ABOUT 37 YEARS, OCCUPATION: PRIVATE JOB 148-B, VAIBHAV NAGAR, KANADIYA ROAD (MADHYA PRADESH)

.....RESPONDENTS (BY MR PRAKASH PATEL-ADVOCATE FOR RESPONDENT)

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

ORDER

01. This application under Section 24 of the C.P.C has been filed by the applicant for transfer of Hindu Marriage Act Case No.261/2022 pending before the Family Court, Indore to the Family Court, Bhopal.

02. The applicant/wife and the non-applicant /husband were married on

06-06-2015 according to Hindu rites and ceremonies. From out of the wedlock parties do not have any child. On account of differences having arisen between the parties they have been residing separately for quite some Signature Not Verified Signed by: RASHMI PRASHANT time. The non-applicant has filed an application under Section 9 of the Hindu Marriage Act, 1955 before the Principal Judge Family Court, Indore which is sought to be transferred by way of this application.

03. The instant application for transfer has been filed on the ground that two cases at the instance of the applicant are already pending at Bhopal. One of them is relating to offences punishable u/s 498-A, 34 of the IPC and Section 3/4 of Dowry Prohibition Act instituted against the non-applicant and his family members on the complaint made by the applicant in which charge sheet has been filed in the Court of Judicial Magistrate First Class, Bhopal. The other case is an application filed by the applicant under Section 12 read with Section 18, Section 19, and Section 20 and Section 22 of the Protection of Women from Domestic Violence Act, 2005. The non-applicant is already appearing in one of those cases. The applicant is a lady aged about 34 years and is not having any independent source of income and is dependent upon her parents for her livelihood. The non-applicant has not provided for any maintenance to the applicant. There is a threat from the non-applicant if she would appear in the Court at Indore. It shall be highly inconvenient for the applicant to travel from Bhopal to Indore whereas it would be more convenient for the non- applicant to travel from Indore to Bhopal. Since two cases at the instance of the applicant are already pending at Bhopal, all the cases pending between the parties deserve to be tried together at the same place.

04. Reply has been filed by the non-applicant submitting that the application under Section 9 of the Hindu Marriage Act was filed by the non- applicant prior in point of time and it is only subsequently that the applicant has filed two cases at Bhopal only as a counter blast to the said application and for Signature Not Verified harassing the non-applicant . The applicant is infact residing and working at Signed by: RASHMI

11:49:13 AM Pune and travels to Indore and then to Bhopal for attending the hearing of the case. The transfer of the case has been sought for by the applicant only for the purpose of harassing the non-applicant. Presently he is unemployed and is not having any source of income. Only for the reason that the applicant is a lady, the matter cannot be transferred. The applicant is living separately from the non-applicant without any reasonable and sufficient cause. It is hence submitted that no case for transfer has been made out.

04. I have heard the learned counsel for the parties and have perused the record.

05. Admittedly, two cases at the instance of the applicant are pending at Bhopal and in one of them the non-applicant is already appearing. All the cases pending between the parties deserve to be tried together. While it is t