High CourtsSingle Bench(2013) 06 MP CK 0042

Smt. Aruna Sahu vs Usha Sahu

Madhya Pradesh High Court · Decided on 21 June 2013

HON’BLE JUDGES
N.K. Gupta, J
CASE NUMBER
MCC No. 1314 of 2012

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

2 paragraphs · 235 words

N.K. Gupta, J.—Heard on admission. The applicants have moved the present application u/s 24 of the CPC for transfer of the case pending u/s 25 of the Guardian and Wards Act before the First Additional District Judge, Gadarwara District Narsinghpur at Sl. No. 17/2010.

2.

After considering the submissions made by the learned counsel for the parties, it appears that amongst the applicants, the applicant No. 2 is a male member, who can defend the proceeding at Gadarwara on behalf of the applicant No. 1. The respondent No. 1 is a natural mother of the child and all such objections relating to her conduct are to be raised before the trial Court. Only convenient of the applicant No. 1 cannot be seen for prosecuting a case of guardianship. The ground taken by the applicants that it would be inconvenient for the applicants to proceed from the Jabalpur to Gadarwara appears to be incorrect. The place of Gadarwara is not so away from the Jabalpur and the applicants can go and defend the matter filed by the respondent No. 1. Under such circumstances, there is no sufficient ground to transfer that proceeding from the Court of First Additional District Judge, Gadarwara to any other place. Consequently, the present application filed u/s 24 of CPC by the applicants is hereby dismissed at motion stage. A copy of this order be sent to the trial Court for information.