Smt. Pallavi Harne vs Shri Ambar Harne

1 MCRC-22881-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
th
ON THE 7 OF SEPTEMBER, 2026
MISC. CIVIL CASE No. 721 of 2026
AMBAR HARNE
Versus
PALLAVI HARNE
WITH
MISC. CIVIL CASE No. 900 of 2026
SMT PALLAVI HARNE
Versus
SHRI AMBAR HARNE
MISC. CRIMINAL CASE No. 22881 of 2026
SMT. PALLAVI HARNE
Versus
SHRI AMBAR HARNE AND OTHERS
Appearance:
Shri Purnima Bhalerao - Advocate for the applicant.
Shri Rajesh Kumar Khare-Advocate for the respondents.
ORDER
MCC No. 721 of 2026 and MCC No. 900 of 2026 have been filed
under Section 24 of Code of Civil Procedure for transfer of matrimonial
cases pending before the Family Court, while MCRC 22881 of 2026 has
been filed under Section 407 CrPC / Section 447 BNSS for transfer of case
under Domestic Violence Act.
2. Two of these three cases have been filed by the wife and one
case has been filed by the husband arising out of matrimonial disputes
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 09-09-2026
18:44:57

2 MCRC-22881-2026
between the two parties. A total of four cases have been filed out of which

three cases are pending, Two at Bhopal and one at Chhindwara. One case
filed by wife at Chhindwara has been sought to be transferred from
Chhindwara to Bhopal by the husband, whereas the two cases pending at
Bhopal, one filed by wife and the other by husband, are sought to be
transferred by the wife from Bhopal to Chhindwara.
3. Therefore, this Court is required to decide whether all the three
cases would continue at same place or they would continue either at Bhopal
or at Chhindwara or they should continue at two different places where they
are continuing at present.
4. The undisputed facts are that the parties got married at
Chhindwara on 15.02.2021 and after marriage they cohabited at Bhopal up to
2022 when the differences started arising between the parties. The husband is
at present residing at Bhopal, whereas the wife, though her maternal home is
at Chhindwara, but is at present residing at Thane (Maharashtra), as she is
employed at that place, which is also undisputed. The husband wishes that all
the cases should proceed at Bhopal, whereas the wife wishes that all the cases
should proceed at Chhindwara.
5. Total of four cases were filed between the parties out of which
three are pending. The details of these cases are as under:
(i) Maintenance application under Section 125 CrPC was
filed by wife at Bhopal, which has been withdrawn.
(ii) Application under Section 12 of Domestic Violence
Act has been filed by the wife and is pending before the JMFC at
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 09-09-2026
18:44:57

3 MCRC-22881-2026
Bhopal since 2022.

(iii) Application for restitution of conjugal rights under
Section 9 HMA is filed by the husband in the year 2022 and is
pending at Family Court, Bhopal.
(iv) Divorce petition under Section 13 HMA has been
filed by the wife and is pending before Family Court, Chhindwara.
6. The counsel for the wife has vehemently argued that the cases
pending at Bhopal should also be transferred to Chhindwara because the
maternal home of the wife is at Chhindwara and it would be easy for her to
attend all the cases at Chhindwara. It is argued that though she is working at
Thane, which is nearer to Bhopal as compared to Chhindwara, but since
Chhindwara is her maternal home, it would be easier for her to attend the
cases at Chhindwara rather than attending the cases at Bhopal. She does not
have any relative or any other support to fall back upon at Bhopal and,
therefore, the cases should be tried at Chhindwara only, where she would
have the support of her parents.
7. Per contra, it is the case of the husband that the two cases which
are pending at Bhopal should continue at Bhopal only and even the case
pending at Chhindwara, which is divorce petition filed by the wife, should be
transferred to Bhopal, so that there may not be any conflict in the case
pending for restitution of conjugal rights under Section 9 HMA and in the
divorce petition. It is his case that distance between Chhindwara to Bhopal is
more than 300 km. The present application has been filed only to
unnecessarily vex the husband by making him travel to Chhindwara, which is
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 09-09-2026
18:44:57

4 MCRC-22881-2026
distance of more than 300 km, whereas the wife, in any event, would be

travelling from Thane. If she travels from Thane to Bhopal, it is shorter
distance, whereas the distance from Thane to Chhindwara is even more.
Therefore, the purpose of the application for transfer of cases pending at
Bhopal to Chhindwara is only to cause inconvenience and trouble to the
husband.
8. This Court has heard learned counsel for the rival parties at
length and perused the record.
9. It is not in dispute that marriage took place at Chhindwara in
2021 and the parties last cohabited at Bhopal in 2022. The application under
Section 12 of Domestic Violence Act, 2005 contains a clear averment that
the wife resided in her matrimonial home at Bhopal up to 29.01.2022 and
thereafter left for Chhindwara. Thereafter, she again took a rented house and
started to reside at Bhopal after breaking away from her husband on account
of matrimonial dispute. It is also not in dispute that now the wife has entered
into an employment at Thane and is at present residing at Thane. The license
agreement of taking the premises on rent at Thane has been placed on record,
which was not disputed by counsel for the wife during course of hearing of
these cases.
10. The two cases at Bhopal are proceeding since 2022 and now at
this distance of time after four years, transfer of these cases is being prayed
to Chhindwara. The wife instituted divorce petition at Chhindwara, though
she does not reside at Chhindwara, but resides at Thane.
11. The argument of the wife seems to be attractive in the first flush
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 09-09-2026
18:44:57

5 MCRC-22881-2026
that she is a stranger to Bhopal and at Chhindwara her parents are residing,

so it would be more convenient for her to attend the court proceedings at
Chhindwara. However, if the pleadings made in the application under
Section 12 of Domestic Violence Act are seen, it would be clear that even
after the relation between the parties became strained, the wife took a house
on rent at Bhopal and resided at Bhopal in connection with preparation for
competitive examinations. Therefore, it does not appear that wife is stranger
to Bhopal city or that she would be inconvenienced if she attends the court
proceedings at Bhopal city. In fact, from 2022 to 2026, she has regularly
appeared in three court proceedings at Bhopal, one of which has been
withdrawn and at present two proceedings are pending. Two out of the
originally filed three proceedings at Bhopal had been filed by the wife only,
and in 2026 transfer is now being sought.
12. Looking to these circumstances, this Court finds some force in
the contention of the husband in all these cases that the transfer of cases to
Chhindwara would only entail unnecessary inconvenience to the husband
because he is residing at Bhopal and would have to travel to Chhindwara,
whereas the wife is residing at Thane and she is already travelling to a
different place in connection with these cases, and, therefore, this Court is
not inclined to transfer the two cases pending at Bhopal to Chhindwara. For
these reasons, MCC 900 of 2026 and MCRC 22881 of 2026 stand dismissed .
13. So far as the divorce petition which is pending at Chhindwara is
concerned, for transfer of this case MCC 721 of 2026 has been filed before
this Court.
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 09-09-2026
18:44:57

6 MCRC-22881-2026
14. As per Section 21-A of Hindu Marriage Act, though

proceedings under Section 9 are not enumerated as proceedings for the
purpose of that provision, but it has been held by a coordinate Bench of this
Court in case of Balbir Singh Gurjar Vs. Nitu reported in (2015) 4 MPLJ 184
that Section 21-A of HMA covers the cases under Section 9 of the Act also
and therefore, if one of the subsequent petitions is under Section 9 of HMA,
then the same can also be transferred by exercising powers under Section
21- A. In the present case, the proceedings under Section 9 HMA pending
before Family Court, Bhopal since 2022 and Section 13 HMA pending
before Family Court, Chhindwara since 2025 would require approximately
the same set of evidence and adjudication of various overlapping questions.
It is not disputed that in the divorce petition pending before Family Court,
Chhindwara, the evidence of plaintiff side is complete and the evidence of
defendant side remains to be recorded.
15. Though on the basis of stage of the case, resistance to transfer
the same is being made, but looking to the fact that proceedings for
restitution of conjugal rights are pending at Bhopal, this Court is of the
considered opinion that the divorce petition should be transferred to the same
Family Court at Bhopal where proceedings under Section 9 HMA are
pending.
16. Therefore, MCC 721 of 2026 is allowed by ordering transfer of
RCS HM 128 of 2025 pending before Family Court, Chhindwara to Family
Court, Bhopal, which shall be decided by the same court before which case
under Section 9 HMA registered as RCS HM 1634 of 2022 is pending at
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 09-09-2026
18:44:57

7 MCRC-22881-2026
Bhopal.

17. It is made clear that the wife in all these cases would be at
liberty to appear before the concerned Family Court at Bhopal through video
conferencing on all dates, except on such dates where the concerned Family
Court at Bhopal deems her presence necessary to secure the ends of justice.
The Family Court shall permit appearance through video conferencing as per
the Rules of 2020 framed by the High Court for that purpose.
18. In view of above, the applications stand disposed of.
(VIVEK JAIN)
JUDGE
MISHRA

Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 09-09-2026
18:44:57