In a petition filed before the Madhya Pradesh High Court under Section 24 of the Code of Civil Procedure, 1908 (CPC), seeking transfer of a suit pending before the Principal Judge, Family Court, Narsinghpur, to a competent court at District Harda, a Single Judge Bench of Justice Deepak Khot directed the wife to appear in the proceedings through video conferencing and for the husband to bear expenses of the wife’s travel when she is required to physically attend court.
The applicant’s (wife) marriage was solemnized with the respondent (husband) in 2024, and shortly thereafter, a marital dispute arose between the parties, leading to the husband’s filing of an application under Section 9 of the Hindu Marriage Act, 1955 (HMA), in Narsinghpur. The wife also filed an application under Section 125 of the Code of Criminal Procedure, 1973 (CrPC), for maintenance before the Family Court in Harda.
The wife contended that she had been subjected to cruelty and assault, which led to the filing of two First Information Reports (FIR), and that because of constant threat and fear, she was facing difficulty in travelling to Narsinghpur for attending the proceedings. She asserted that she was dependent on her family members and had to travel alone, which is why she should be entitled to contest her case at a place convenient to her.
The Court referred to various decisions, including those of the Supreme Court in Anindita Das v. Srijit Das (2006) 9 SCC 197 and Preeti Sharma v. Manjit Sharma (2005) 11 SCC 535, and found it clear that the convenience of the wife is not paramount for deciding the transfer of proceedings. It was stated that if the matter is to be proved by witnesses from the place where the matter was being prosecuted, the other side can be accommodated by making payment for the commute.
The Court directed the wife to appear before the Family Court, Narsinghpur, via video conferencing and stated that she would have to attend the court for her examination, for which the husband would bear the expenses. Thus, the Court disposed of the application, directing the Family Court to fix the date for the examination and to direct the husband to pay for the wife’s travel, lodging, and boarding.
Appearances:
For Applicant – Mr. Samar Singh Rajput
For Respondent – None
