Allowed

Smt. Yashoda Bai Sahu v. Punarad Sahu

Chhattisgarh HC7 Jan 2022TPC/68/2021

Case brief

AI extract

What is this about?

This judgment transfers a restitution of conjugal rights case from Family Court, Balod to Family Court, Durg. Relying on the wife's need to travel less and citing precedent on prioritizing the wife's convenience, the court allowed the transfer petition.

What did the court decide?

Transfer of Case No.51-A/2021 from Family Court, Balod to Family Court, Durg with directions for immediate record transfer and appearance by 22/02/2022.

Smt. Yashoda Bai Sahu Vs Punarad Sahu — Matrimonial and Divorce | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Transfer Petition (C) No.68 of 2021

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Smt. Yashoda Bai Sahu D/o Chhannu Lall, Aged About 35 Years R/o Near Patwa Bhawan Rajeev, Rajeev Nagar, Durg, Tahsil And District Durg Chhattisgarh.

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---- Petitioner

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Versus

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Punarad Sahu S/o Kartik Ram Sahu Aged About 40 Years R/o Village Sarekha, Police Station And Tahsil Gunderdehi District Balod Chhattisgarh. ---Respondent

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For Petitioner : Shri Jitendra Gupta, Advocates. For Respondent : None, though served.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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07/01/2022

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The instant Petition under Section 24 of the Code of Civil Procedure, 1908 has been filed by the Petitioner to transfer Case No.51-A/2021 pending before the Family Court, Balod to the Family Court, Durg.

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Brief facts of the case are that the marriage between the parties was solemnized in the year 2002 according to Hindu rituals and customs. It is alleged that the Petitioner-wife has been subjected to cruelty and harassment by the Respondent’s family due to which, she started residing at her maternal home at Durg.

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The Petitioner-wife has filed an application under Section 12 of the Domestic Violence Act before the JMFC, Durg i.e. MJC No.56/2021 and another application under Section 125 Cr.P.C before the 2^nd Additional Principal Judge, Family Court, Durg i.e. MJC No.155/2021, which are pending consideration.

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The Respondent-husband has filed an application before the Family Court, Balod under Section 9of the Hindu Marriage Act i.e. Case No.51-A/2021 for

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restitution of conjugal rights, which is still pending in the said Court.

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It is submitted by counsel for the Petitioner that the Petitioner is residing near Patwa Bhawan, Rajeev Nagar, Durg along with her aged parents and one girl child and she may face hardship while travelling from Durg to Balod. Since the other three cases are also pending before the Court of Durg, therefore, it is prayed that the present case may also be transferred to the Family Court, Durg for the sake of convenience of the Petitioner-wife.

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In the matter of Rajani Kishore Pardeshi v. Kishore Babulal Pardeshi, (2004) 15 SCC 237 , it has been held that in such cases, the convenience of the wife is to be preferred over the convenience of the husband.

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In view of above and having considered the facts and circumstances of the case, looking to the hardship being faced by the Petitioner-wife, this Court deems fit to transfer Case No.51-A/2021 pending before the Family Court, Balod to the Family Court, Durg. The parties are directed to appear before the Family Court, Durg on 22/02/2022 for further proceedings. The Family Court, Balod shall transfer the record to the Family Court, Durg immediately.

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Accordingly, the TPC is allowed.

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(Deepak Kumar Tiwari) Judge

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Priya

Smt. Yashoda Bai Sahu v. Punarad Sahu

Case brief

What is this about?

What did the court decide?

Smt. Yashoda Bai Sahu v. Punarad Sahu

Case brief

What is this about?

What did the court decide?

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