ORDER
This is a petition filed under Section 24 of CPC seeking transfer of RCS HM/0001495/2024, pending before the Court of IInd Additional Principal Judge, Family Court, Bhopal to Family Court, Indore.
2. Learned counsel for the petitioner submits that present petition has been filed for transferring the case pending before Family Court, Bhopal to Family Court, Indore. It is also urged that petitioner is having one year old child. Distance from Indore to Bhopal is approximately 200 Km and it takes 3-4 hours to travel from Indore to Bhopal. Respondent is financially well of. It is also urged that proceedings under Section 125 of Cr.P.C and under Section 198-A of the IPC are pending in Indore and another case has been filed by respondent in Bhopal Family Court. It is also well established that convenience of wife is to be seen while considering application for transfer
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of matrimonial proceedings from one place to another place. In this connection, learned counsel for the petitioner has relied upon Saifali Saraf Vs. Aantriksha Saraf (2017) 4 MP LJ 196. It is also urged that as per law laid down by Hon'ble Apex Court in Santhini Vs. Vijaya Venketesh (2018) 1 SCC 1, Court proceedings can be conducted through VC (Video conferencing) with the consent of both the parties. On above grounds, it is urged that petition filed by the petitioner be allowed and case be transferred from Bhopal to Indore.
3. Learned counsel on behalf of the respondent submits that during mediation proceedings, respondent was ready to take petitioner back but petitioner refused to go along with the respondent. It is also urged that respondent is having liability to look after his old aged mother, who is suffering from heart aliments. It is also urged that it is not possible for respondent to take mother along with him while going to Indore to attend Court proceedings. Further, one case filed by respondent's mother at Family Court, Bhopal is also pending. It pertains to domestic violence. It is also urged that originally petitioner used to reside at Jirapur. On above grounds, it is urged that petition filed by the petitioner be dismissed. 4 . I have heard learned counsel for the parties and perused record of the case.
5. Having regard to factual matrix of the case, especially, the fact that petitioner is having one year old child as well as principles laid down by Hon'ble Apex Court in Santhini Vs. Vijaya Venketesh (2018) 1 SCC 1, petition filed by the petitioner is allowed and RCS
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(ACHAL KUMAR PALIWAL)
JUDGE
HM/0001495/2024 (Deepak Sen Vs. Sneha Chouhan) pending before the Court of IInd Additional Principal Judge, Family Court, Bhopal is transferred to Family Court, Indore.
6. Hence, this petition is allowed and disposed off accordingly. vai
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