Single Judge High Court transferred a civil suit and directed the receiving court to conclude proceedings within six months.
Transfer of C.S. No. 921 of 2023 from Family Court Durg to Family Court Dhamtari; conclusion of proceedings within six months.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
TPC No. 42 of 2023
(Cause-title taken from Case Information System)
---------------------------------------------------------------------------------------------------For Petitioner : Ms. Aditi Singhvi, Advocate.
For Respondent : Mr. Ankur Kashyap, Advocate.
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
01.1 2.2023
1 . In the instant petition, the petitioner has prayed for the transfer of C.S. No. 921 of 2023 pending before the learned Principal Judge Family Court Durg (C.G.) to the Family Court Dhamtari (C.G.) and has prayed for the following relief:-
“It is therefore most humbly prayed Hon’ble Court may kindly be pleased to allow the instant application and the matter registered at learned Family Court, Durg, District Durg (C.G.) as C.S. No. 921/2022 named as “Pratik Kumar v. Khushboo” may kindly be transferred to Family Court, Dhamtari, District Dhamtari (C.G.) in the interest of justice.”
2 . Learned counsel for the petitioner would submit that the respondent/husband being aggrieved by the behaviour of the petitioner/wife filed an application under Section 13 of the Hindu Marriage Act before the learned Family Court Durg, District Durg (C.G.) whereas a proceeding under Section 125 of Cr.P.C. filed by petitioner/wife is pending before the learned
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Family Court Dhamtari which was filed on 01.07.2023. She would further submit that the petitioner/wife resides at Dhamtari and travelling to Durg in connection with the proceedings of the aforesaid case would cause her a lot of trouble as she has an issue aged about 1 year 8 months and her mother is a cancer patient, therefore her application for transfer of C.S. No. 921 of 2023 pending before the learned Principal Judge Family Court, Durg (C.G.) to Family Court, Dhamtari (C.G.) may be allowed.
3 . On the other hand, learned counsel for the respondent/husband would oppose.
4 . Heard learned counsel appearing for parties and perused the documents placed on record.
5 . From a perusal of documents, it appears that the petitioner/wife has an issue aged about 1 year 8 months and her mother is a cancer patient and a proceeding under Section 125 of Cr.P.C. filed by the petitioner/wife is pending before the learned Family Court, Dhamtari which was filed on 01.07.2023, therefore, she would suffer a lot of trouble while travelling from Durg to Dhamtari, therefore, I am of the view that present is a fit case to transfer C.S. No. 921 of 2023 pending before the learned Principal Judge Family Court, Durg (C.G.) to the Family Court, Dhamtari (C.G.).
6 . The learned Family Court, Durg is directed to transmit the records of C.S. No. 921 of 2023 to Family Court, Dhamtari. The learned Family Court, Dhamtari is also directed to conclude the proceedings within a period of six months from the date of receipt of a copy of this order.
7 . Accordingly, the instant petition is disposed of.
Sd/-
(Rakesh Mohan Pandey) Judge
Ajinkya
Smt. Khushboo Sahu
Pratik Kumar Sahu
Rakesh Mohan Pandey
As recorded by the court registry
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