Arpita Sharma vs Shishir Prakash Sharma

TRANSFER PETITION (CIVIL) NO.1865/2019 & TRANSFER PETITION (CRIMINAL)NO.347/2019

Heard counsel for the parties.

We see no reason to entertain these transfer petitions. The transfer petitions are accordingly dismissed.

TRANSFER PETITION (CIVIL) NO.2016/2018

We have considered the facts of the case and grounds on which transfer has been sought. On such consideration, we are satisfied with the grounds urged by the petitioner and we accept the same. Therefore, case bearing No.177/2017 titled as 'Shishir Prakash Sharma vs. Arpita Sharma' pending before the Court of 1st ADJ Family Court, Durg (Chhattisgarh) is ordered to be transferred to the Family Court, Hoshangabad, Madhya Pradesh. The Family Court, Durg, Chhattisgarh shall send the case record to the transferee Court promptly and without any delay.

The Principal Judge, Family Court, Hoshangabad, Madhya Pradesh shall ensure that all the three cases (Case No.177/2017 filed u/s 13 of H.M.A., C.A. No.394/2018 filed u/s 9 of H.M.A. and Case No.106/2018 filed u/s 125 Cr.P.C.) are proceeded before one Court as per law.

Further, the Family Court, Hoshangabad, Madhya Pradesh may not insist for personal appearance of respondent (Shishir Prakash Sharma) unless it is absolutely necessary and shall give sufficient opportunity to the respondent (Shishir Prakash Sharma) while ensuring that the matters are not unnecessarily prolonged by the respondent (Shishir Prakash Sharma).

On receipt of the case records, the transferee Court is directed to make all endeavour for amicable settlement or for early decision in the case(s) without unnecessary adjournments.

The transfer petition is accordingly allowed.