Dismissed

Jhalendra Kumar Sahu v. Smt. Surekha Sahu

Chhattisgarh HC5 Dec 2019TPCR/10/2019

Case brief

AI extract

What is this about?

In a T.P. (Cr.) petition seeking transfer of a Section 125 CrPC maintenance application from Raipur to Balodabazar, the High Court of Chhattisgarh dismissed the petition at the admission stage, finding no material to warrant transfer given the petitioner's proximity to the new jurisdiction.

What did the court decide?

Transfer of the maintenance application from Raipur to Balodabazar rejected.

Jhalendra Kumar Sahu Vs Smt. Surekha Sahu — Maintenance and Alimony | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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T.P. (Cr.) No.10 of 2019

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Jhalendra Kumar Sahu, aged about 28 years, son of Shri Sarju Prasad Sahu, resident of Village Kodwa, Post Office Sasaha, P.S. and Tahsil Palari, District Baloda Bazar – Bhatapara, Chhattisgarh

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---- Petitioner

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versus

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Smt. Surekha Sahu, wife of Shri Jhalendra Kumar Sahu, aged about 26 years, (Father Shri Vishwanath Sahu), resident of Village Sarfonga, Post Office Bhatbhera, Tahsil Tilda, District Raipur, Chhattisgarh

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--- Respondent

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For Petitioner : Shri Malay Kumar Bhaduri, Advocate For Respondent : Shri Sumit Jhanwar, Advocate

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Hon'ble Shri Justice Arvind Singh Chandel

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Order on Board

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5.12.2019

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1. Heard on admission. Perused the material available.

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2. Both the Petitioner and the Respondent are husband and wife. Their marriage was solemnised on 28.4.2016. 3 litigations are pending between them. An application under Section 9 of the Hindu Marriage Act was filed by the husband and the said application is pending before the 2^nd Additional Sessions Judge, Balodabazar. On the basis of a report made by the Respondent/wife, a criminal proceeding under Section 498A read with Section 34 of the Indian Penal Code is also pending before the Judicial Magistrate First Class, Balodabazar. One more application under Section 125 of the Code of Criminal Procedure has been filed by the wife before the Family Court, Raipur. The Petitioner/husband has moved the instant petition for transfer of the application under Section 125 of the Code of Criminal

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Procedure moved by the wife from Raipur to Balodabazar.

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3. The Respondent/wife being a woman is going to attend the proceedings at Balodabazar. No petition for transfer of any case has been filed by the wife. The Petitioner/husband is 28 years old young person and the distance from his village to Raipur is not more than 60-70 Kms. Conveyance from his village to Raipur is sufficiently available. Considering these facts, I do not find any material to allow the instant transfer petition.

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4. Accordingly, the transfer petition is dismissed at the admission stage itself.

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Sd/( Arvind Singh Chandel ) Judge

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Gopal

Jhalendra Kumar Sahu v. Smt. Surekha Sahu

Case brief

What is this about?

What did the court decide?

Jhalendra Kumar Sahu v. Smt. Surekha Sahu

Case brief

What is this about?

What did the court decide?

What the court decided

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