ORDER
The applicant/wife has filed the present MCC under Section 24 of C.P.C. seeking transfer of RCS (HM) No. 333/2024 (Kapil Kumar Pathak vs. Kamna pathak), pending before the Family Court, Chhatarpur to Family Court, Indore.
2. The application for transfer of the case has been filed on the ground that applicant's marriage with the respondent was solemnized on 26.02.2020 at Chhatrpur. Subsequently, matrimonial disputes have arisen between the parties and since the respondent/husband had deserted the applicant/wife and was not providing care and maintenance to applicant, therefore, she filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 125 of Cr.P.C. for grant of maintenance on 15.04.2025. The said application was registered as MJC(R) No. 494/2025 (Annexure A/1), which is pending for adjudication before the Principal
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Judge, Family Court, Indore. Afterwards, the applicant filed a complaint. On the basis of the said complaint and the report of the authority, a case under Section 12,18,20,21,22 of the Protection of Women From domestic Violence Act, 2005 has been registered against the respondent/husband and other family members vide UNCR-5007/2025 (Annexure A/2), which is also pending. However, as no action was being taken on the first complaint, the applicant again submitted a written complaint on 17.04.2025 at Mahila Police Station, Indore, upon which, an FIR No.0079/2025 was registered on 22.04.2025 against the respondent/husband and family members. Thereafter, respondent/husband has filed an application under Section 9 of the Hindu Marriage Act bearing RCS(HM)-333/2024-Kapil Kumar Pathak Vs. Kamna Pathak before the Family Court, District Chhatarpur, of which, applicant/wife has received notice-Annexure A/4.
3. It is submitted by the counsel for the applicant that on account of desertion of applicant by respondent, applicant is compelled to live with her father. It is submitted that presently the applicant is residing with her parents at Indore. The applicant has no source of income, therefore, she is dependent on her family and the distance between Indore and Chhatarpur is approximately 1100 Kms. Therefore, being a lady it would be very difficult for the applicant to travel alone with her two and half year old child. 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 i.e. RCS (HM) - 333/2024 pending before the Principal Judge, Family Court, Chhatarpur may be transferred to
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Family Court, Indore, in the interest of justice. 4 . In reply, counsel for the respondent/husband has opposed the application and submitted that on account of some incident, the respondent is unable to walk or even mover freely, therefore, he is unable to travel to such a long distance from Chhatarpur to Indore, although it is submitted that respondent may be permitted to appear before the Family Court, Indore through video conferencing or counsel.
5. Heard the counsel for the parties.
6. It is not disputed that the applicant/wife is presently residing at Indore with her parents along with her minor child aged about two and half years and she also does not have any independent source of income. It is also apparent from the record that the applicant has already instituted proceedings for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as proceedings under the Protection of Women from Domestic Violence Act, 2005 before the competent Court at Indore, which are pending adjudication. Being a lady having the responsibility of a minor child and having no independent source of income, the applicant would face great hardship in travelling repeatedly to Chhatarpur, which is said to be 1100 Kms away to attend the proceedings in the case filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955.
7. Considering the overall facts and circumstances of the case, this Court is of the opinion that the present application deserves to be allowed.
8. Accordingly, the application filed by the applicant/wife under Section 24 of the Code of Civil Procedure, 1908 for transfer of case is
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(DEEPAK KHOT)
JUDGE
allowed.
9. The proceedings of RCS (HM) No.333/2024 (Kapil Kumar Pathak vs. Kamna Pathak) pending before the Principal Judge, Family Court, Chhatarpur are hereby transferred to the Family Court, Indore for adjudication in accordance with law. The Presiding Officer, Family Court, Chhatarpur is directed to transmit the entire record of the case to the Family Court, Indore forthwith.
1 0 . However, considering the submissions of the counsel for the respondent/husband in regard to inability of the respondent of travelling to Indore, in the light of the law laid down by the Hon'ble Apex Court in the case of Santhini vs. Vijaya Venketesh reported in (2018) 1 SCC 1 in which the Hon'ble Apex Court has recognized the permissibility of appearance through video conferencing in matrimonial proceedings, the respondent/husband is permitted to appear before the Family Court, Indore through video conferencing or counsel.
1 1 . Accordingly, parties are directed to appear before the court concerned on the dates fixed by the Courts.
12. With the aforesaid, M.C.C. stands disposed of.
RAGHVENDRA
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