(Kurian Joseph, A.M. Khanwilkar and Hemant Gupta, JJ.)
Manjula Singh Chouhan _____________________________ Appellant
v.
Vishal Singh Chouhan ______________________________ Respondent
Civil Appeal No. 11412 of 2018 [Arising out of SLP (Civil) No. 26229 of 2016], decided on November 27, 2018
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. This appeal has been filed against the Order dated 21st January, 2016 passed by the High Court of Madhya Pradesh in M.C.C. No. 137 of 2016 declining to transfer HMA No. 71 of 2016 from the Family Court, Indore to Family Court, Bhopal.
3. As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal.
4. We are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Court.
5. Therefore, H.M.A. Case No. 71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.
6. We direct the Family Court, Bhopal to try and dispose of all the cases pending between the parties expeditiously preferably within one year.
7. The Civil Appeal is disposed of in the aforesaid terms.
PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 26229 OF 2016
Manjula Singh Chouhan _____________________________ Appellant
v.
Vishal Singh Chouhan ______________________________ Respondent
(I.A. NO. 1/2016 – EXEMPTION FROM FILING O.T.)
Date : 27-11-2018 This matter was called on for hearing today.
(Before Kurian Joseph, A.M. Khanwilkar and Hemant Gupta, JJ.)
For Appellant(s) Mr. T. R. B. Sivakumar, AOR
For Respondent(s) Mr. Ardhendumauli Kumar Prasad, AOR
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The Civil Appeal is disposed of in terms of the Signed Non-Reportable Judgment.
10. Pending application also stand disposed of.
———
