Allowed

Smt. Lovedhi Yadav v. Lukeshwar Kumar Yadav

Chhattisgarh HC5 Dec 2023TPC/34/2023

Case brief

AI extract

What is this about?

Petitioner sought transfer of her husband's Section 9 restitution suit due to his young age and lack of support person for travel to the hearing court. High Court allowed the petition, transferring the case to a court in the petitioner's district.

What did the court decide?

Transfer of Civil Matrimonial Case No. 04A/2021 from Additional District Judge Gariyaband to Principal Judge Family Court Raigarh; permission for respondent to appear via video conferencing.

Smt. Lovedhi Yadav Vs Lukeshwar Kumar Yadav — Matrimonial and Divorce | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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TPC No. 34 of 2023

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Smt. Lovedhi Yadav W/o Lukeshwar Kumar Yadav Aged About 25 Years Occupation Assistant Professor Janki Education College Raigarh, Presently R/o Village Chhote Atarmuda, Behind Jila Panchayat Raigarh, District : Raigarh, Chhattisgarh ---- Petitioner

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Versus

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Lukeshwar Kumar Yadav S/o Goverdhan Yadav Aged About 28 Years (Student Of Llb) R/o Village Sanjay Nagar, Ward No. 1, Chhura, Tahsil Chhura, District : Gariyabandh, Chhattisgarh ---- Respondent

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For Petitioner : Mr. Roop Ram Naik, Advocate For Respondent : Mr. Chandradeep Prasad, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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05.12.2023

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1 Learned counsel for the petitioner would submit that marriage between the parties was solemnized on 30.01.2019 and after some time, on account of cruelty, extended by the respondent, the petitioner left her matrimonial house and at present, she is staying in Raipur along with her parents. It is further argued that the respondent/husband has filed an application under Section 9 of the Hindu Marriage Act before the Additional District Judge, Gariyaband for Restitution of Conjugal Rights and the case is pending before the learned Court below. It is also argued that the petitioner is a lady, aged about 25 years, and it is very difficult and troublesome for her to travel from Raigarh to Gariyaband. He would further contend that she needs a support person and there is no one to take care of her at home. It is also contended that her father is a contractual employee, and it becomes very difficult for him to take leave on each date of hearing, therefore, he would pray for transfer of Case No. 04A/2021 from the Court of Additional District Judge Gariyaband, District Gariyaband (C.G) to the Principal Judge Family Court Raigarh, District Raigarh (C.G).

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2 On the other hand, learned counsel appearing for the respondent would oppose the

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arguments advanced by Mr. Naik and submit that the petitioner may appear in the proceedings through video conferencing and there is no need to pass any order of transfer of the case looking to her age or her personal difficulty. He would further submit that the respondent is pursuing his studies; therefore, it is difficult for him to travel to Raigarh on each date of the hearing.

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3 Heard learned counsel appearing for the parties and perused the documents present on the record.

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4 From a perusal of the documents, it appears that undoubtedly the marriage between the petitioner and respondent was solemnized on 30.01.2019 and thereafter on account of some dispute, the petitioner left her matrimonial house, and at present, she is staying in Raipur along with her parents. On 26.02.2020, the respondent/husband filed an application under Section 9 of the Hindu Marriage Act, before the learned Additional District Judge, Gariyaband. Initially, the petitioner was participating in the proceedings, but she has moved this application for transfer of aforesaid suit as it is not possible for her to attend proceedings on each date of hearing before the Court below. Undisputedly, being a lady of young age, petitioner needs a support person to travel from Gariyaband to Raipur on each date of hearing.

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5 Taking into consideration the age of the petitioner and further considering the fact that there is no support person, in the opinion of this Court, the present is a fit case for transfer. Consequently, the instant petition is allowed for the transfer of Civil Matrimonial Case No. 04A/2021 from the Court of Additional District Judge Gariyaband, District – Gariyaband (C.G) to the Principal Judge Family Court Raigarh, District – Raigarh (C.G). The learned Additional District Judge, Gariyaband is requested to transmit the records of Case No. 04A/2021 to the Court of Principal Judge Family Court, Raigarh. However, the respondent would be at liberty to participate in the proceedings through video conferencing.

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6 With the aforesaid observations, the petition is disposed of. D/

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Sd/-

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(Rakesh Mohan Pandey)

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Judge

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Siddhant

Smt. Lovedhi Yadav v. Lukeshwar Kumar Yadav

Case brief

What is this about?

What did the court decide?

Smt. Lovedhi Yadav v. Lukeshwar Kumar Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

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