AI Structured Summary
Not yet generated for this judgment
Judgment
Hirdesh, J
The petitioner has filed this petition under Section 24 of the CPC seeking transfer of RCSHM No.93/2022 pending before Family Court, Dewas to Family Court, Shajapur.
This petition is filed on the ground that petitioner has no source of income to maintain herself. She has two minor children and they are studying at Shajapur. It is further submitted that the distance between Shajapur to Dewas is 100 kms. and it is very difficult for her to travel with her two minor children to attend the Court proceedings. She has old age father who is suffering from so many diseases and not able to accompany her to attend the Court proceedings. It is also submitted that a case under Section 125 Cr.P.C. has been filed at Shajapur which has been decided on 25.11.2021 and the respondent is directed to pay maintenance of Rs.2,000/- to the petitioner and Rs.1,000/- to the children, but till date no amount has been paid by the respondent. A case under Section 12 of the Domestic Violence Act is also pending before Chief Judicial Magistrate First Class, Shajapur. On above grounds, it is prayed that RCSHM No.93/2022 pending before Family Court, Dewas be transferred to Family Court, Shajapur.
Per contra, the respondent opposes the petition and prays for its dismissal.
4 . The Apex Court in the case of Sunita Singh Vs. Kumar Sanjay and another reported in (2001) 10 SCC 41 has held that in a husband’s suit against wife for divorce, the convenience of the wife must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute. Similar observation was made by the Supreme Court in the case of Rajani Kishor Pardeshi v. Kishor Babulal Pradeshi (2005) 12 SCC 237.
Considering the facts and circumstances of the case and after taking into consideration the aforesaid judgments, the present petition is allowed and RCSHM No.93/2022 pending before Family Court, Dewas is transferred to Family Court, Shajapur.
Parties are directed to appear before the Family Court, Shajapur. On 22.04.2024.
MCC stands disposed off.