This order grants the transfer of a matrimonial case under the Hindu Marriage Act from the Family Court, Korba, to the Family Court, Jashpur, on the ground that the petitioner wife resides 170 kilometers away.
Transfer of Case No. 53-A/2022 from Family Court, Korba to Family Court, Jashpur.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Transfer Petition (C) No. 65 of 2022
1. Smt. Ankita Verma W/o Shri Ankit Verma, D/o Shri Satyendra Kumar Sinha, Aged about 27 years, R/o Adarsh Nagar, Kunkuri, Tahsil Kunkuri, Distt. Jashpur, Civil and Revenue Distt. Jashpur, Chhattisgarh.
2. Satyendra Sinha S/o Shri Shivnandan Sinha, Aged about 61 years, R/o Adarsh Nagar, Kunkuri, Tahsil Kunkuri, Distt. Jashpur, Chhattisgarh.
3. Smt. Suman Sinha, W/o Shri Satyendra Sinha, Aged about 55 years, R/o Adarsh Nagar, Kunkuri, Tahsil Kunkuri, Distt. Jashpur, Chhattisgarh.
4. Subham Sinha, S/o Shri Satyendra Sinha, Aged about 24 years, R/o Adarsh Nagar, Kunkuri, Tahsil Kunkuri, Distt. Jashpur, Chhattisgarh.
5. Shweta Verma W/o Shri Deepesh Verma, Aged about 31 years, R/o Dr. Vaishy Gali, Near Joda Pipal, Ambikapur, Distt. Sarguja, Chhattisgarh.
6. Deepesh Verma S/o Shri Umesh Verma, Aged about 34 years, R/o Dr. Vaishy Gali, Near Joda Pipal, Ambikapur, Distt. Sarguja, Chhattisgarh.
---Petitioners
Versus
Ankit Verma S/o Mukesh Verma, Aged about 31 years,
R/o House No. HIG 85, M.P. Nagar, Korba, P.S.
Kotwali Korba, Tahsil and Distt. Korba,
Chhattisgarh.
---Respondent
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For Petitioners :- Mr. M.K. Sinha, Advocate
For Respondent :- Mr. Kshitij Sharma, Advocate
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board
11/11/2022
1. By way of this petition under Section 24 of CPC, petitioner No. 1/wife has sought transfer of Case No. 53-A/2022 ( Ankit Verma v. Ankita Verma and Ors.) filed by the respondent/husband under Section 11 of the Hindu Marriage Act, 1955 pending in the Family Court, Korba to the Family Court, Jashpur.
2.Learned counsel for the petitioner submits that
respondent/husband has filed application under
Section 11 of the Hindu Marriage Act before the
Family Court, Korba whereas the petitioner/wife is
residing at her parental home in Kunkuri which is
approximately 170 kms away from Korba and it is
difficult for her to travel to Korba and attend the
Court proceedings, as such, in that view of the
matter, the said case be transferred from Family
Court, Korba to Family Court, Jashpur which is
seriously opposed by learned counsel for the
respondent stating that the instant petition
deserves to be dismissed.
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3.I have heard learned counsel for the parties,
considered their rival submissions made herein-
above and went through the record with utmost
circumspection.
4. Taking consideration of the fact that petitioner is residing at her parental home in Kunkuri and since the distance between Kunkuri to Korba is approximately 170 kms, it would be difficult for her to attend the Court proceedings, I deem it appropriate to transfer Case No. 53-A/2022 ( Ankit
Verma v. Ankita Verma and Ors.) filed by the respondent/husband under Section 11 of the Hindu Marriage Act, 1955 pending in the Family Court, Korba to the Family Court, Jashpur for hearing and disposal in accordance with law. Parties are directed to appear before the Family Court, Jashpur on 12/12/2022. Meanwhile, the Family Court, Korba will send the record of the said case to the Family Court, Jashpur expeditiously.
5. The instant petition is allowed accordingly.
Sd/-
(Sanjay K. Agrawal)
Judge
Judge
Harneet
2 issues framed by the court
Whether the transfer petition under Section 24 of CPC presented on grounds of distance should be allowed.
Whether the Family Court hearing a matrimonial dispute should be transferred from Korba to Jashpur.
2 provisions across 2 enactments
Ankita Verma
Satyendra Sinha
Suman Sinha
Subham Sinha
Shweta Verma
Deepesh Verma
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court