High CourtsSingle Bench(2022) 11 MP CK 0022

Roshani Makhija vs Sunil Makhija

Madhya Pradesh High Court · Decided on 4 November 2022

HON’BLE JUDGES
Atul Sreedharan, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Civil Case No. 2592 Of 2022

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Judgment

8 paragraphs · 341 words

Atul Sreedharan, J

The present application under section 24 CPC has been filed by the wife of the respondent who has prayed for the transfer of the Hindu Marriage Act petition filed by the respondent under section 9 of the Hindu Marriage Act 1955 for restitution of conjugal rights from Family Court, Dindori, to Family Court, Jabalpur.

Upon perusing the instant application, this court finds that the applicant herein is facing difficulty to participate in the proceedings at Family Court, Dindori. However, the Court is of the opinion that the interest of justice can be served for both sides by the order given below.

The applicant shall appear once for the purpose of mediation before the learned Family Court at Dindori. The learned Family Court, Dindori, is requested to ensure that on a date fixed by it for mediation, when the applicant appears, the mediation is conducted and not put the applicant to continuous difficulty by keeping the said mediation proceedings pending. Thereafter, the learned Family Court, Dindori, is requested not to insist on the personal attendance of the applicant at Family Court, Dindori, unless it is considered imperative by the learned Family Court. The applicant is given the liberty of getting her evidence and that of her witnesses recorded through Video

Conferencing from the Family Court, Jabalpur, itself. She is also permitted to cross-examine the respondent through video conferencing. The learned trial Court is requested to accept the application and the documents relied upon by the applicant through electronic filing system.

A copy of this order be sent to the learned Family Court at Dindori to be placed in the file of Case No.RCS HMA 53/2021 and a copy of the same be also sent to the Principal District Judge, Jabalpur. However, if the case pending before the Family Court at Dindori has already been disposed of, then no action is required to be taken and this order may be ignored.

Interim relief, if any, granted on earlier occasion stands vacated.

With the above, this application is finally disposed of.