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NEUTRAL CITATION NO. 2026:MPHC-IND:2916

1 MCC-2696-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI

th

ON THE 29 OF JANUARY, 2026

MISC. CIVIL CASE No. 2696 of 2025

PRIYANKA NAMDEV

Versus

NITESH NAMDEV

Appearance:

Shri Nitin Goyal, learned counsel for the petitioner appeared through video

conferencing.

Shri Ankit Chourasiya, learned counsel for the respondent.`

ORDER

This application has been filed by the wife under Section 24 of the Code of

Civil Procedure for transfer of proceedings of HMA 392/2024 from Family Court,

Indore to Family Court, Shivpuri. The petitioner and the respondent solemnized

marriage on 20.06.2021 according to the Hindu rituals at Guna.

2. It has been stated in the application that on 25.12.2021, the applicant was

thrown out from her matrimonial house by the respondent, thus, she has started

living at her maternal home with her mother and father. The applicant filed an

application under Section 125 of the Code of Criminal Procedure before the

Family Court, Shivpuri which was registered a MJCR No.113/2022 which was

allowed and maintenance of Rs.6000/- per month was directed to be paid. The

same was challenged by the applicant by filing revision petition for enhancement

of amount which is pending consideration before the Gwalior Bench of this Court

in which notice was issued and the same is pending consideration. It has also been

stated that the applicant has also registered a criminal case under Section 498A of

Signature Not Verified

Signed by: NARENDRA

KUMAR RAIPURIA

Signing time: 2/2/2026

8:20:19 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:2916

2 MCC-2696-2025

IPC against the respondent and other co-accused which is registered at Crime

No.19/22 at PS Mahila Thana, District-Shivpuri and the same is now pending

before the concerned Magistrate at RCT No.438/2022.

3. In the criminal case, the respondent was acquitted by the concerned court.

After his acquittal, he filed an application under Section 13 of the Hindu Marriage

Act for divorce before the Family Court, Indore which is registered as RCS HM

392/2024 in which notices were issued to the applicant and on receiving notice

this application under Section 24 of CPC has been filed for transfer of the said

case to Shivpuri.

4. In the back drop of above facts, learned counsel for the applicant submits

that all the cases which have been filed by the applicant are pending at Shivpuri,

thus, this divorce petition also deserves to be transferred to Shivpuri. Learned

counsel submits that the applicant is about 32 year old lady and there is no source

of income for her. She is residing with her father and dependent upon him. Her

father is aged 70 years and unable to move. The distance between Indore and

Shivpuri is about 390 km. It has also been stated that there is an apprehension of

danger to life of the applicant, if she travels to Indore. As such, looking to the

pendency of the cases at Shivpuri and one case at Gwalior, the present case also

deserves to be transferred from Indore to Shivpuri. In support of his submissions,

learned counsel has placed reliance on the order of the Apex Court passed in the

case of Sumita Singh Vs. Kumar Sanjay and Another, (2001) 5 Supreme 667.

5. Per contra, learned counsel for the respondent by referring to his reply

submits that though, it is correct that maintenance petition was filed, however, the

same has already been disposed of by ordering maintenance amount of Rs.6000/-

per month. The respondent has also stated that he is paying maintenance amount

Signature Not Verified

Signed by: NARENDRA

KUMAR RAIPURIA

Signing time: 2/2/2026

8:20:19 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:2916

3 MCC-2696-2025

regularly. It has also been stated that the criminal case registered under Section

498A has already been dismissed and the respondent has been acquitted from the

same. It has also been stated that not only the father of the applicant but other

family members are also available even brother of the applicant is there to

accompany her to