Allowed

Varsha Bansal Alias Smt. Varsha Agrawal v. Vivek Agrawal

Chhattisgarh HC18 Apr 2022TPC/17/2022

Case brief

AI extract

What is this about?

The High Court, Chhattisgarh allowed a transfer petition by a wife in a Hindu Marriage Act case seeking transfer from Raipur Family Court to Surguja. The court decided to transfer the case to the Korba Family Court based on the wife's government posting and mutual consent of both parties.

What did the court decide?

Transfer of HMA Case No. 206/2020 from Family Court, Raipur to Family Court, Korba, Chhattisgarh.

Varsha Bansal Alias Smt. Varsha Agrawal Vs… — Matrimonial and Divorce | Chhattisgarh HC (2022)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

Transfer Petition (C) No. 17 of 2022

¶4

Varsha Bansal alias Smt. Varsha Agrawal, D/o Shri Subhash Bansal, Aged About 32 Years, R/o Bansal Garments, Agrasen Ward, Near Agrasen Bhawan, Kharsiya Road, Ambikapur, District Surguja, Chhattisgarh.

¶5

---- Petitioner

¶6

Versus

¶7

Vivek Agrawal, S/o Shri Vijay Kumar Agrawal, Aged About 36 Years, R/o 372, Samta Colony, Raipur, District Raipur, Chhattisgarh.

¶8

---- Respondent

¶9

_____________________________________________________________ For Petitioner : Mr. C.J.K. Rao, Advocate. For Respondent : Mr. Rakesh Kumar Jha, Advocate.

¶10

Hon'ble Shri Justice Arvind Singh Chandel

¶11

Order on Board

¶12

18/04/2022

¶13

With the consent of both the parties, the matter is heard

¶14

finally.

¶15

This transfer petition has been filed by the petitioner/wife under Section 24 of the Code of Civil Procedure, for transferring the HMA Case No.206/2020 pending before the 2^nd Additional Principal Judge, Family Court, Raipur, District - Raipur, (C.G.), to the Family Court, Ambikapur, District – Surguja, (C.G.).

¶16

Facts of the case are that petitioner is the wife of the respondent. Their marriage was solemnized on 29.04.2017. After marriage, both were residing at Raipur. Allegedly, after the marriage, respondent/husband started harassing the petitioner, therefore, at present, petitioner/wife is residing at her matrimonial house. Now that, the respondent/husband has filed an application under Section 13(1) of the Hindu Marriage Act for divorce against the petitioner/wife before the Family Court, Raipur, District – Raipur (C.G.). During the period of stay of the petitioner/wife in her matrimonial house, she was selected to the post of Deputy Collector and presently posted at Surajpur, (C.G.). Being a lady and a government servant, it is very difficult for her to travel to Raipur to attend the proceedings of Family Court. Therefore, it is prayed by the petitioner/wife that HMA Case No.206/2020 pending before the 2^nd Additional Principal Judge, Family Court, Raipur,

¶17

District – Raipur, (C.G.) be transferred to the Family Court, Ambikapur, District – Surguja, (C.G.).

¶18

Learned Counsel appearing for the petitioner/wife submits that petitioner is a lady and a government servant posted at Surajpur, (C.G.), therefore, it is very difficult for her to attend the proceedings of the Family Court at Raipur. He further submits that matrimonial house of the petitioner/wife is in Ambikapur, therefore, it is prayed that the case may be transferred from the Family Court, Raipur, District – Raipur, (C.G.) to the Family Court, Ambikapur, District – Surguja (C.G.).

¶19

On the contrary, learned Counsel appearing for the respondent/husband submits that Ambikapur is very far away from Raipur and he may be in apprehension of threatening and harassed by the family members of the petitioner/wife. Therefore, it is prayed that matter may be settled at Bilaspur or Korba instead of Ambikapur.

¶20

Learned Counsel for petitioner/wife submits that he has no objection if the case may be transferred to Family Court, Korba, (C.G.).

¶21

I have heard learned Counsel appearing for the parties and perused the entire material available on record with utmost circumspection.

¶22

Considering the facts and circumstances of the case, particularly considering the fact that petitioner/wife and respondent/husband both are ready and have given their consent for transfer of the case pending at Family Court, Raipur, (C.G.), it is ordered that HMA Case No.206/2020 bending before 2^nd Additional Principal Judge, Family Court, Raipur, District – Raipur, (C.G.) be transferred to the Family Court, Korba, District – Korba (C.G.) for further hearing and disposal of the case in accordance with law.

¶23

Accordingly, the instant transfer petition is allowed. The HMA Case No.206/2020 filed by the respondent/husband before 2^nd Additional Principal Judge, Family Court, Raipur, District Raipur, (C.G.) is directed to be transferred to the Family Court, Korba, District – Korba, (C.G.) with immediate effect.

¶24

Both the parties shall now remain present before the Family Court, Korba, District – Korba, (C.G.) on 30.06.2022 for further proceedings.

¶25

It is further directed that the Family Court, Korba, District – Korba, (C.G.) shall decide the said case as early as possibly, preferably within a period of six months from 30.06.2022 in accordance with law.

¶26

A copy of this order be sent to the 2^nd Additional Principal

¶27

Judge, Family Court, Raipur, District Raipur, (C.G.), and to the Family Court, Korba, District – Korba, (C.G.) forthwith for information and necessary compliance.

¶28

Sd/(Arvind Singh Chandel) Judge

¶29

Prakash

Varsha Bansal Alias Smt. Varsha Agrawal v. Vivek Agrawal

Case brief

What is this about?

What did the court decide?

Varsha Bansal Alias Smt. Varsha Agrawal v. Vivek Agrawal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Intsaar Ahmad @ Baba Khan Vs State of Chhattisgarh

Narendra Kumar Swami Vs a. N. Upadhyay

Ram Prasad Sidar Vs Surendra Singh Baghe

State of Chhattisgarh Vs Premshankar Agrawal

Smt. Nandini Soni Vs Hitesh Soni

State of Chhattisgarh Vs Lakhmuram Markam