1. This petition under Section 24 of the Civil Procedure Code has been preferred by the petitioner/husband for transfer of Case No. RCSHM No. 1134/2025 pending before the Family Court, Indore to the District Betul.
2. Briefly stated, the parties were married on 23.04.2024 at Betul as per Hindu rites and rituals, and no child was born out of the wedlock. Matrimonial disputes arose between the parties, leading them to reside separately. The petitioner has instituted a petition for divorce, being RCSHM No. 92/2025, which is currently pending before the Family Court, Betul. Subsequently, the respondent filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, being RCSHM No. 1134/2025, before the Family Court, Indore, which is the subject matter of the present transfer application.
3. The petitioner has filed the present petition under Section 24 of the Civil Procedure Code for the transfer of RCSHM No. 1134/2025 from the Family Court, Indore to the Family Court, Betul. The primary ground raised in the application is that the applicant is severely ill and infirm, suffering from Bacterial Meningitis, spinal infection, brain fluid infection, and partial paralysis. It is pleaded that it is virtually impossible for him to travel from Betul to Indore to attend the Court proceedings, and therefore, the case ought to be transferred to Betul, where his divorce petition is already pending.
4. Learned counsel for the petitioner submits that the petitioner has been seriously ill for the past year and his physical condition does not permit him to undertake a 13-14 hour road journey from Betul to Indore. Due to his prolonged illness and paralysis, his bodily organs have weakened, resulting in a drastic weight loss of 25 kilograms. He is continuously undergoing treatment and daily physiotherapy at Betul. Furthermore, the respondent is a healthy, educated, and independent woman working in a multinational company in Indore, and attending proceedings at Betul will not cause her any inconvenience. The Section 9 petition at Indore is merely a counterblast intended to harass the petitioner.
5. Learned counsel appearing for the respondent opposed the application and submitted that the applicant is deliberately exaggerating his medical condition to invoke sympathy and avoid the judicial proceedings at Indore. The applicant is gainfully employed as a Senior Software Developer, earning approximately Rs. 26 Lakhs per annum, and regularly travels a substantial distance to Pune for his professional duties. Medical documents on record indicate that his condition is stable and normal, and photographic evidence demonstrates that he is physically fit and ambulatory. Moreover, the respondent was wrongfully ousted from her matrimonial home following unfulfilled dowry demands, and transferring the case would cause her undue hardship.
6. Having heard learned counsel for the parties and on perusal of the record, this Court is of the considered opinion that the core issue for determination is whether the applicant's medical condition is of such severity that it warrants the transfer of the matrimonial case from Indore to Betul. To objectively assess the applicant's physical incapacity, this Court, vide order dated 21.07.2025, had directed the Chief Medical and Health Officer (CMHO), District Betul, to submit a medical report in a sealed cover.
7. The report submitted by the CMHO has been received and carefully perused by this Court. The medical expert has unequivocally opined that the patient is medically fit to undertake travel by train, bus, or car, though it is advised that he be accompanied by an attendant for safety and convenience. The report further clarifies that the applicant is ambulatory, requiring only the support of a walking cane due to a residual neurological deficit in the form of a left lower limb foot drop.
8. In view of the categorical medical opinion, the applicant's contention that he is entirely incapable of traveling to Indore is factually unsustainable. This Court does not find any sufficient ground warranting interference with the earlier order or granting the relief sought in the present petition.
Accordingly, the petition stands dismissed.
