Allowed

Smt. Aishwarya Yadav v. Rajendra Kumar Yadav

Chhattisgarh HC11 Nov 2022TPC/11/2021

Case brief

AI extract

What is this about?

Single judge order allowed a transfer petition under Section 24 Cr.P.C. to shift Civil Suit No. 02/2021 from Family Court Ambikapur to Family Court Durg due to distance, petitioner's gender, minor children, and lack of income, despite opposition regarding safety threats.

What did the court decide?

Directed the case Civil Suit No. 02/2021 be transferred to Family Court Durg and the Ambikapur court to transmit the record within 15 days.

Smt. Aishwarya Yadav Vs Rajendra Kumar Yadav — Maintenance and Alimony | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Transfer Petition (C) No. 11 of 2021

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Smt. Aishwarya Yadav, W/o. Rajendra Yadav, Aged About 33 Years, R/o. Shanti Nagar, Old Bhilai- 3, District- Durg, Chhattisgarh.

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Vaibhavi Yadav, D/o. Rajendra Kumar Yadav, Aged About 11 Years.

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Yashraj Yadav, S/o. Rajendra Kumar Yadav, Aged About 6 Years.

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Both are Residing & Represented By Their Natural Guardian i.e. Their Mother Who Is Petitioner No.1 Namely Aishwarya Yadav, R/o. Shanti Nagar Old Bhilai-3, District- Durg, Chhattisgarh

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---- Petitioners

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Versus

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Rajendra Kumar Yadav, S/o. Vedram Yadav, Aged About 41 Years, Current Address- C/o Shri Rathore Ranger, Pratappur Road, Ambikapur, DistrictSurguja, Chhattisgarh.

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---- Respondent

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--------------------------------------------------------------------------------------------------For Petitioners : Mr. H.A.P.S.Bhatia, Advocate For Respondent : Mr. V.K.Pandey, Advocate

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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11.11.2022

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Learned counsel for the petitioner submits that the petitioners i.e. wife and two children have filed this petition under Section 24 of Cr.P.C. for transfer of Civil Suit No.02/2021 from Family Court Ambikapur, District Sarguja to Family Court Durg, District Durg on the ground that distance between Ambikapur to Durg is about 400 km and she has no source of income and low maintenance amount is being paid.

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Learned counsel for the respondent seriously opposes the submission of the petitioner and he would submit that transfer of the case can be made either Korba, Katghora or Bilaspur except Durg, as the petitioner No.1 threatened to kill him.

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I have heard learned counsel appearing for the parties, considered their rival submissions and went through the records with utmost circumspection.

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Taking into consideration the distance between Ambikapur to Durg, which is about 370 Km and further considering the fact that petitioner No.1 is a lady and has two minor children and she has no source of income and according to the learned counsel for the petitioner, low maintenance is being paid and also the traveling allowance is not being paid, I am inclined to allow this petition.

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Accordingly, it is directed that the case bearing Civil Suit No.02/2021 (Rajendra Kumar Yadav v. Aishwarya Yadav & Others) shall be transferred from Family Court Ambikapur to Family Court Durg. The Family Court Ambikapur is directed to transmit the record within 15 days from today to the Family Court Durg.

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Certified copy, as per rules.

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Sd/- (Sanjay K. Agrawal) Judge

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Ashok

Smt. Aishwarya Yadav v. Rajendra Kumar Yadav

Case brief

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Smt. Aishwarya Yadav v. Rajendra Kumar Yadav

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