Jyoti Singh vs Anand Singh Chauhan

Rajeev Kumar Shrivastava, J

This petition under Section 24 of Code of Civil Procedure (hereinafter referred to as "CPC") is preferred by the petitioner-wife for transferring Case No.174 of 2019 HMA (Anand Singh Chauhan Vs. Smt. Jyoti Singh) filed under Section 13 of the Hindu Marriage Act, from the Court of Principal Judge, Family Court Morena (M.P.) to Principal Judge, Family Court Gwalior (M.P.).

It is submitted by learned counsel for the petitioner- Smt. Jyoti Singh that the petitioner is the wife of the respondent. The respondent - husband has filed aforesaid application under Section 13 of Hindu Marriage Act before Family Court, Morena. It is further submitted that the petitioner is resident of Gwalior and all other proceedings are pending before Principal Judge, Family Court Morena. It is further submitted that the marriage was solemnized on 25.01.2019 at Gwalior and till date, nothing has been paid on account of interim maintenance by the respondent to the petitioner. The petitioner is facing difficulties in order to attend the Court's proceedings at Family Court, Morena. Therefore, for the sake of her convenience, it is prayed that case No.174 of 2019 HMA pending in the Court of Principal Judge, Family Court Morena (M.P.) may be transferred to Principal Judge, Family Court Gwalior (M.P.).

Per contra, learned counsel for the respondent has vehemently opposed the prayer made by learned counsel for the petitioner and has submitted that in the light of the judgment passed by the Supreme Court in the case of Abhilasha Gupta vs. Harimohan Gupta [Transfer Petition(s) (civil) No.1027 of 2021], the matter cannot be transferred from the Family Court Morena (M.P.) to Principal Judge, Family Court Gwalior (M.P.). Therefore, prays for dismissal of this petition.

Heard learned counsel for the parties and perused the available record.

It is apparent from the perusal of documents available on record that the petitioner is resident of Gwalior (M.P.) and the marriage was solemnized 25.01.2019 at Gwalior. Till date, nothing has been paid on account of interim maintenance and all other proceedings between the parties are pending at Gwalior, therefore, in the interest of justice, it is hereby ordered that the case No.174 of 2019 HMA (Anand Singh Chauhan Vs. Smt. Jyoti Singh) filed under Section 13 of Hindu Marriage Act, be transferred from the Court of Principal Judge, Family Court Morena (M.P.) to the Court of Principal Judge, Family Court Gwalior (M.P.). It is directed that both the parties shall remain present before the Principal Judge, Family Court Gwalior (M.P.) on 27.07.2022 as submitted by learned counsel for the parties.

Consequently, this petition is disposed of with the aforesaid direction. The Principal Judge, Family Court Gwalior (M.P.) is hereby also directed to consider the question in regard to grant of interim maintenance within a period of ten days of this order by considering all the merits of the case and modus operandi of the respondent.

Principal Registrar of this Court is directed to communicate this order to Family Court Gwalior as well as Family Court Morena for compliance.

Certified copy as per rules.