Allowed

Smt. Anju Sinha v. Ravi Sinha

Chhattisgarh HC21 Apr 2022TPC/23/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed a transfer petition filed under Section 24 CPC. The petition sought to move a family suit from the Family Court, Durg, to the District Judge, Dongargarh, citing the petitioner's residence, dependency on aged parents, and distance. The transfer was granted with immediate effect.

What did the court decide?

Transfer of Civil Suit No. 953/2021 from Principal Judge, Family Court Durg to Additional District Judge, Dongargarh.

Smt. Anju Sinha Vs Ravi Sinha — Matrimonial and Divorce | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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TPC No. 23 of 2022

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Smt. Anju Sinha W/o Ravi Sinha Aged About 28 Years C/o Preetam Singh Sinha, R/o Village Patpar, Tahsil Dongergarh, District- Rajnandgaon, Chhattisgarh.

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---- Petitioner

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Versus

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Ravi Sinha S/o Late Kamta Prasad Sinha Aged About 30 Years R/o Sikola Basti, Near Hanuman Mandir, Durg, Tahsil And District- Durg, Chhattisgarh.

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---- Respondent

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____________________________________________________________ For Petitioner : Mr. Ramnarayan Sahu, Advocate. For Respondent : Mr. Purnendra Khichariya, Advocate.

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Hon'ble Shri Justice Arvind Singh Chandel

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Order On Board

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21.04.2022

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This transfer petition has been filed by the wife/petitioner under Section 24 of the Code of Civil Procedure, 1908 for transferring Civil Suit No. 953/2021 pending before the Court of learned Principal Judge, Family Court Durg, District Durg (C.G.) to the Court of Additional District Judge Dongargarh, District Rajnandgaon (C.G.).

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Facts of the case are that marriage of the petitioner and the respondent solemnized on 21.05.2017, out of their wedlock, a girl child has been born. After some days of their marriage, a dispute took place between them and the petitioner started residing in her parental house at village Patpar, Tehsil Dongargarh, District Rajnandgaon (C.G.). Meanwhile, the respondent/husband filed an application under Section 13(1)(a) & 13 (1)(b) of the Hindu Marriage Act, before the Principal Judge, Family Court, Durg (C.G.)

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Counsel for the petitioner submits that the petitioner is a lady and resident of Rajnandgaon (C.G.) which is 90 Kms away from Durg and the petitioner is fully dependent upon her old aged parents. It is difficult for her to attend the proceedings before the Family Court

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Durg, therefore, it is prayed that the case filed by the respondent/husband which is pending before the Court of Principal Judge, Family Court, Durg, Chhattisgarh may be transferred to the Court of Additional District Judge, Dongargarh, District Rajnandgaon, Chhattisgarh.

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Learned counsel appearing for the respondent/husband opposes the application submitted by the petitioner/wife.

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

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Considering the facts and circumstances of the case, further considering the fact that the Petitioner is a lady, having a girl child and residing with her old aged parents at District Rajnandgaon (C.G.) which is 90 kms. far from District: Durg(C.G.). I am inclined to transfer the Civil Suit filed by the Respondent/husband which is pending before the Court of Principal Judge, Family Court Durg (C.G.) to the Court of Additional District Judge, Dongargarh, Distt. Rajnandgaon(C.G.).

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Accordingly, the instant transfer petition is allowed. Civil Suit No.953/2021 which is pending before the Court of Principal Judge, Family Court Durg (C.G.) is directed to be transferred to the Court of Additional District Judge, Dongargarh, Distt. Rajnandgaon(C.G.) with immediate effect.

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Both the parties are directed to remain present before the Court of Additional District Judge, Dongargarh, Distt. Rajnandgaon(C.G.) on 04.07.2022 for further proceedings.

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A copy of this order be sent to the Court of Principal Judge, Family Court Durg (C.G.) and Additional District Judge, Dongargarh, Distt. Rajnandgaon(C.G.) forthwith for information and necessary compliance.

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Sd/(Arvind Singh Chandel) Judge

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Saurabh/Shubham

Smt. Anju Sinha v. Ravi Sinha

Case brief

What is this about?

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Smt. Anju Sinha v. Ravi Sinha

Case brief

What is this about?

What did the court decide?

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