ORDER
The applicant/wife has filed the present petition under Section 24 of C.P.C. seeking transfer of RCS HM No.56/2023 from the Court of Special Judge, SC/ST, Harda to the competent Court at Seoni Malwa, District Narmadapuram.
2. The application for transfer of the case has been filed on the ground that applicant's marriage with the respondent was solemnized on 20.02.2025. Subsequently, matrimonial dispute has arisen between the parties, which has led to filing of an FIR by the applicant/wife at Police Station Seoni Malwa, District Narmadapuram on 25.10.2025 which was registered as Crime No.560/2025 for commission of offence under Sections 85, 296, 115(2), 351(3), 3(5) of BNS and Section 3 & 4 of Prohibition of Dowry Act. The applicant has also filed an application under Section 144 of BNSS for grant of maintenance before the JMFC, Seoni Malwa, District Narmadapuram which was registered as MJCR No.87/2025 which is pending adjudication. Thereafter, the respondent/husband has also filed an application under Section 9 of Hindu Marriage Act before the Special Judge, SC/ST, District Harda which is registered as RCS HM No.56/2025.
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3. It is submitted by counsel for the applicant that the applicant is dependent on her family and the distance between Seoni Malwa and Harda is more than 45 Kms. It is further submitted that to attend the Court proceedings at Harda, she is required to travel alone or with her aged father who is also suffering from old aged diseases. It is further submitted that on 09.01.2026, when the applicant along with her father were returning back after attending the proceedings at District Court, Harda, she and her father both were assaulted by the respondent/husband and in this regard, an FIR was also registered by the applicant on 09.01.2026 at Police Station Harda bearing Crime No.18/2026. It is further submitted that the applicant being a lady is also entitled to contest her case at a place where the same is convenient to her. Thus, it is submitted that the case filed by the respondent- husband before the Court of Special Judge, SC/ST, Harda be transferred to the competent Court at Seoni Malwa, District Narmadapuram.
4 . Learned counsel for the respondent stated that some altercation took place between the parties at Harda on the date when the case was listed before the Family Court, Harda.
5. Heard the counsel for the parties.
6. Considering the totality of the facts and circumstances of the case and on the ground that an FIR was registered by the applicant/wife against the respondent/husband for causing hurt to the applicant and her father at the place where Section 9 application filed by the respondent/husband is pending, therefore, this Court is of the opinion that it would be just and proper and in the interest of justice to transfer the case RCS HM No.56/2025 from the Court of Special Judge, SC/ST, Harda to the competent Court at Seoni Malwa, District Narmadapuram.
7. Accordingly, the case RCS HM No.56/2025 pending before the Court of
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(DEEPAK KHOT)
JUDGE
Special Judge, SC/ST, Harda is hereby transferred to the competent Court at Seoni Malwa, District Narmadapuram.
8 . The Presiding Officer of District Court, Harda is directed to send the entire record of RCS HM No.56/2025 from the Court of Special Judge, SC/ST, Harda to the competent Court at Seoni Malwa, District Narmadapuram. 9 . Parties are directed to appear before the District Judge, District Narmadapuram on 16.4.2026 and on such other dates as may be fixed by the Court. The District Judge, Narmadapuram is requested to assign the matter to the Court having equal jurisdiction at Seoni Malwa.
10. At this stage, counsel for the respondent/husband prays for appearance before the competent Court, Seoni Malwa, District Narmadapuram through video conferencing or counsel.
11. In light of the judgment passed by the Hon'ble Apex Court in the case of Santhini vs Vijaya Venketesh (2018) 1 SCC 1 issuing guidelines in respect of in-camera proceedings which can be held in a private room or chamber of the Court, if the applicant so desires, the respondent/husband is permitted to appear in the transferred case RCS HM No.56/2025 before the competent Court, Seoni Malwa, District Narmadapuram and also in other cases through video conferencing or counsel.
12. With the aforesaid, M.C.C. stands disposed of. Priya.P
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