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Judgment
Petitioner has filed this petition under Section 24 of the Code of Civil Procedure (for short hereinafter referred to "CPC") seeking transfer of divorce petition bearing Case No.7-A/2015/HMA filed by respondent Akhil Jain under Section 13 of the Hindu Marriage Act on 05.01.2015 in the Court of learned Principal Family Judge, Gwalior on the ground that the petitioner had already filed proceedings under Section 125 of the Criminal Procedure Code before the Court of Principal Judge Family Court, Bhopal, which has been registered as MJC No.498/2014 and also that she has no means to travel to Gwalior inasmuch as there is no male family member who can join her to visit upto Gwalior. Her mother is an old lady and is posted as Librarian in District Bar Association, District Court, Bhopal and is unable to accompany her. It is also submitted that because of cruel treatment meted out by the respondent, she is scared to visit Gwalior. None of these grounds have been contested by the respondent. Respondent has not filed any reply to the said application for transfer.
Learned counsel for the petitioner has placed reliance on the decision of this Court in the case of Lakshmi Nagdev v. Jitendra Kumar Nagdev as reported in 2005 (1) MPHT 30 to show that this Court has jurisdiction inasmuch as the transfer of the case has been sought from Gwalior to Bhopal. Similarly, reliance has been placed on the decision of this Court in the case of Smita Jain v. Anil Kumar Jain as reported in 2012 (3) MPLJ 467, wherein also it has been held that the Court, from whose jurisdiction the case is sought to be transferred, if falls within the territorial jurisdiction of that Bench of the High Court, then that High Court has jurisdiction to transfer the case.
As nobody is appearing for the respondent, nor there is any adjustment note on behalf of the learned counsel for the respondent, this application under Section 24 of CPC is allowed. Divorce petition bearing Suit No.7-A/2015/HMA ( Akhil Jain v. Smt. Dipika ) Jain is hereby transferred from the Court of Principal Family Judge, Gwalior to the Court of Principal Family Judge, Bhopal. Since nobody is appearing for the respondent, it will be obligatory for the Principal Family Judge, Bhopal to issue fresh notice for service to the respondent.
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