Smt. Vineeta Sharma W/O Shri Mr. Yashasvi Sharma vs Mr. Yashashvi Sharma

NEUTRAL CITATION NO. 2026:MPHC-GWL:34218
1 MCC-1500-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
th
ON THE 5 OF NOVEMBER, 2026
MISC. CIVIL CASE No. 1500 of 2026
CNR No.: MPHC030120572026
SMT. VINEETA SHARMA W/O SHRI MR. YASHASVI SHARMA
Versus
MR. YASHASHVI SHARMA
Appearance:
Shri Hemant Singh Rana - Advocate for the petitioner.
Shri Chandra Shekhar Pathak - Advocate for the respondent.
ORDER
This petition under Section 24 of C.P.C. has been filed for transfer of
Case No.RCS HM/570/2024 pending in the Court of Principal Judge,
Family Court, Gwalior, to the Court of Additional District Judge, Dabra,
Distt. Gwalior.
2 . The submission of learned counsel for petitioner is that already
three proceedings at the instance of the petitioner; proceeding under Section
125 of Cr.P.C., proceeding under the Domestic Violence Act and Criminal
proceeding for the offence under Section 498-A of IPC are pending at Courts
at Dabra and the respondent himself at present is residing at Bhopal. It is
further submitted that when two or more proceedings are pending in different
Courts between the same parties which raise common question of fact and
law, and when the decisions in the cases are interdependent, it is desirable
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 06-Nov-26
10:19:52 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:34218
2 MCC-1500-2026
that they should be tried together at the same place. Learned counsel for the

petitioner further submits that wife’s convenience must be looked at while
considering transfer of a case. To bolster his submission, learned counsel for
the appellant relied upon the decision of the Apex Court in the case of
N.C.V. Aishwarya vs. A.S.Saravana Karthik Sha, 2022 LiveLaw (SC)
627. Therefore, looking to the aforesaid facts and circumstances of the case,
Case No.RCS HM/570/2024 pending before the Principal Judge, Family
Court, Gwalior, may be transferred to Additional District Judge, Dabra,
Distt. Gwalior.
3 . Per contra, the application is vehemently opposed by learned
counsel for the respondent. The main thrust of his argument is that one
regular civil suit is also pending between the parties at Bhopal and the
petitioner/wife has no problem in attending the proceeding at Bhopal,
whereas she is seeking transfer of case filed by the respondent for divorce to
Dabra which is only 40 kms away from Gwalior. It is further submitted by
learned counsel that the petition seeking divorce has bee filed by the
respondent in 2024, whereas the cases at the instance of wife are filed later
on. He also relied on decision of Hon'ble Supreme Court in the case of
Pallavi Kumari vs. Sunil Kumar in Transfer Petition (Civil) No.2040/2018
decided on 29.11.2022 as well as of Coordinate Bench of this Court at Indore
in the case of Prerna Choudhary vs. Anurag Choudhary in MCC
No.2328/2022 decided on 01.08.2023 and prayed for dismissal of the
petition.
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 06-Nov-26
10:19:52 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:34218
3 MCC-1500-2026
4 . Heard learned counsel for the parties and perused the documents

available on record.
5. Admittedly three cases relating to matrimonial dispute filed by the
petitioner/wife are pending at Dabra. As per the submission of learned
counsel for the parties, the case pending at Bhopal is a property dispute and
not a matrimonial dispute. Therefore, looking to the convenience of wife and
also considering that other proceedings pending between the same parties
which raise common question of fact and are interdependent on each other
should be tried at same place, in the considered opinion of this Court, Case
No.RCS HM/570/2024 deserves to be transferred from the Court of Principal
Judge, Family Court, Gwalior, to the Court of Additional District Judge,
Dabra, Distt. Gwalior.
6. In the case of Pallavi Kumari (supra), the wife has already filed two
proceedings at New Delhi and in such circumstances the Hon'ble Supreme
Court has observed that in the given circumstances, and looking to the fact
that the petition seeking dissolution of marriage was filed by the respondent-
husband way back in the year 2018, in our view, providing for transfer of the
matters from New Delhi to Jehanabad at the instance of the petitioner-wife
may not serve the cause of justice.
7. So far as the decision in the case of Prerna Choudhary (supra) is
concerned, the case which was sought to be transferred was filed by the
husband on 2.05.2018 and the wife was appearing in that case for the last
four and a half years and in such circumstances, the request for transfer of
the case at the instance of wife was declined.
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 06-Nov-26
10:19:52 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:34218
4 MCC-1500-2026
8 . Hence, the aforesaid decisions relied on by the respondent are

distinguishable on facts, and therefore, they are not helpful to the respondent
in the present case.
9. Accordingly, this MCC is allowed. Case No.RCS HM/570/2024 is
hereby transferred from the Court of Principal Judge, Family Court, Gwalior,
to the Court of Additional District Judge, Dabra, Distt. Gwalior. Principal
Judge, Family Court, Gwalior, is directed to transfer the record of the said
case to Additional District Judge, Dabra, Distt. Gwalior, forthwith.
10. With the aforesaid observation, this petition is allowed & disposed
of.
(PUSHPENDRA YADAV)
JUDGE
ms/-

Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 06-Nov-26
10:19:52 AM