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NEUTRAL CITATION NO. 2026:MPHC-JBP:10501

1 MCC-3342-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DEEPAK KHOT

th

ON THE 5 OF FEBRUARY, 2026

MISC. CIVIL CASE No. 3342 of 2025

SMT. MADHULIKA CHOUKSEY D/O SURESH KUMAR MALVIYA

Versus

ANKIT CHOUKSEY

Appearance:

Shri Pawan Kumar Shrivastava - Advocate for the applicant.

Shri Prakhar Tiwari, learned counsel for the respondent.

ORDER

The applicant/wife has filed the present petition under Section 24 of

C.P.C. making a prayer for transfer of RCSHM No.100/2025 which is

pending before the First Principal Judge, Family Court, Burhanpur to the

Family Court Jabalpur.

2. The application for transfer of the case has been filed on the ground

that applicant's marriage with the respondent was solemnized on 01.05.2014

at Burhanpur. Subsequently, matrimonial dispute has arisen between the

parties, which led to filing of an application under Section 13 of the Hindu

Marriage Act by the respondent/husband in the Court of First Additional

Principal Judge, Family Court, Burhanpur whereas the applicant-wife, who is

resident of Jabalpur, has also filed a FIR on 2.7.2016 at Mahila Thana,

Jabalpur, an application under section 125 Cr.P.C. for grant of maintenance

before Family Court, Jabalpur on 20.6.2023 which was registered as MJC

Signature Not Verified

Signed by: HEMANT SARAF

Signing time: 2/6/2026

4:14:13 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:10501

2 MCC-3342-2025

No.472/2023. However, the respondent/husband has filed an application

under section 9 of Hindu Marriage Act at Family Court, Burhanpur in

September, 2023, and the case was registered as RCSHM No.139/2023.

3. Learned counsel for the applicant-wife has submitted that the

applicant has filed application under section 9 of the Hindu Marriage Act for

restoration of conjugal rights at Family Court, Burhanpur and the same was

transferred vide order dated 2.11.2023 passed by this Court in

M.C.C.No.2257/2023, annexure A/1. It is further submitted that now again

respondent/husband has filed an application under section 13 of the Hindu

Marriage Act for divorce at Family Court, Burhanpur. The situation remains

the same as considered by this Court in the earlier round of litigation.

4. Counsel for the respondent has opposed the prayer on the ground

that now because of the ailment and old age of the parents of the respondent,

he is not in a position to travel to Jabalpur.

5. Considering the totality of the facts and circumstances of the case

and the fact that the applicant being a lady has to travel all alone from

Jabalpur to Burhanpur, having a girl child with medical issues, that the

applicant is dependent on her family members and the fact that in earlier

round of litigation, the application under section 9 has already been

transferred to Jabalpur and the issues involved in the applications under

section 9 and 13 are identical and require same set of consideration,

therefore, in the interest of justice, RCSHM No.100/2025, pending before the

First Principal Judge, Family Court, Burhanpur, is transferred to Family

court, Jabalpur with liberty to the respondent/husband to appear through

Signature Not Verified

Signed by: HEMANT SARAF

Signing time: 2/6/2026

4:14:13 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:10501

3 MCC-3342-2025

Video Conferencing or counsel. It is further observed that the Family Court,

Jabalpur, shall look into the matter and consolidate both the cases, i.e. under

section 9 and 13 of the Hindu Marriage Act, for the convenience of the

parties as well as to avoid conflicting judgments.

6. The Presiding Officer of Family Court, Burhanpur is directed to

send the entire record of RCSHM No.100/2025 to the Family Court,

Jabalpur.

(DEEPAK KHOT)

JUDGE

HS

Signature Not Verified

Signed by: HEMANT SARAF

Signing time: 2/6/2026

4:14:13 PM