Smt. Kajal Agrawal Vs Abhishek Agrawal

¶1

1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

TPC No. 112 of 2023

¶5

Smt. Kajal Agrawal W/o Abhishek Agrawal Aged About 31 Years Resident Of House No. B-43 Kanchan Vihar, Dumar Talab, Raipur, Tehsil And District Raipur (C.G.)

¶6

---- Petitioner

¶7

Versus

¶8

Abhishek Agrawal S/o Shri Vishnu Agrawal Aged About 31 Years Resident Of Railway Banglapara, Near Sai Mandir, Raigarh, Tehsil And District Raigarh (C.G.) Also Resident Of House No. B-43 Kanchan Vihar, Dumar Talab, Raipur, Tehsil And District Raipur (C.G.)

¶9

---- Respondent

¶10

For Petitioner : Mr. Ankur Agrawal, Advocate For Respondent : Mr. Prashant Dansena, Advocate

¶11

Hon'ble Shri Justice Arvind Kumar Verma

¶12

Order on Board

¶13

02.05.2024

¶14

This petition under Section 24 of the Code of Civil Procedure 1908 (for short “CPC”) has been filed by the petitioner-wife seeking relief of transfer of petition bearing Civil Suit No. 140-A/2023 preferred by the respondent-husband under Section 13(i-a) of the Hindu Marriage Act, 1955 for divorce before the Family Court, Raigarh (C.G). to the Family Court, Raipur (C.G.)

¶15

2

¶16

Learned counsel for the petitioner submits that marriage of the petitioner with the respondent was solemnized in 26.06.2019 as per the Hindu rituals and were blessed with a baby girl on 11.08.2021 thereafter, relations turned sour and for that now the petitioner along with her daughter is living in her parental house Raipur, Chhattisgarh . He submits that the respondent-husband filed an application under Section 13(i-a) of the Hindu Marriage Act, 1955 for divorce before the Family Court District-Raigarh, Chhattisgarh and summons of that application have been received by the petitioner-wife. He further submits that presently the petitioner is residing at Raipur (C.G.), from where it is not possible for her to travel from to Raigarh on numerous occasions to attend the court proceedings along with the minor daughter as the distance between Raipur to Raigarh is about 250 km which requires almost 6 hours of travel, moreover she has an age old mother with her and she is all dependent on her mother. There is no father like figure in the house who could take her to each and every proceedings of the case. Also she has a minor daughter to look after. Learned counsel for the petitioner submitted that the respondent husband is at present living in Raipur only so it will be convenient for him too, to attend the hearing of the case on numerous occasions. Therefore, looking to the hardships likely to be faced by her, the case may be transferred to Family Court, Raipur (C.G.).

¶17

3

¶18

Learned counsel for the respondent-husband did not opposes the prayer for transfer of the case from Family Court, Raigarh to Family Court, Raipur (C.G.).

¶19

Heard learned counsel for the parties at length and perused the documents on record with utmost circumspection.

¶20

It is an admitted position that the petitioner is presently residing at Raipur, which is 250Km away from Raigarh and it is not possible for her to travel from Raigarh on numerous occasions to attend the court proceedings along with her daughter. She has no father figure like person in her house who could take her to the court proceedings on numerous occasions as she is only left with her aged old mother . After perusal of the records and in view of the decisions of the Hon’ble Supreme Court in the like matters, i.e., Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi reported in (2005) 12 SCC 237 reported in 2022 LiveLaw (SC) 627 and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi reported in (2005) 12 SCC 237 this Court is inclined to allow the petition.

¶21

Accordingly, the petition is allowed . It is directed that the case no. Civil suit no. 140-A/2023 ( Abhishek Agrawal Vs Smt. Kajal Agrawal) pending before the Family Court at Raigarh, Chhattisgarh is transferred to Family Court, Raipur, Chhattisgarh. Now, the parties are directed to appear before the Family Court, Raipur on 14.06.2024. In case, the respondent-husband fails to appear before the said Family Court Raipur, the said Court may issue notice to him for a date to be fixed by it. It is also observed that the learned Family

¶22

4

¶23

Court, Raipur, Chhattisgarh shall fix the same date on which the other proceeding is fixed for hearing for convenience of the parties as far as possible.

¶24

The petition is accordingly allowed.

¶25

Consequently, the pending application(s), if any, shall stand disposed of.

¶26

Copy of the order be sent to the Family Court, Raipur and Family Court Raigarh, Chhattisgarh. Copy of the order may also be sent to the concerned parties. No order as to cost(s).

¶27

Sd/-

¶28

(Arvind Kumar Verma) Judge

¶29

@lfiz@

Smt. Kajal Agrawal v. Abhishek Agrawal

Case brief

What is this about?

What did the court decide?

Smt. Kajal Agrawal v. Abhishek Agrawal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kishun Ram Vs Chamru Ram

Smt. Sonmati Kashyap Vs Naresh Kumar Kumhar

Manoj Sonkar Vs Shri Anil Dev Gautam

Manoj Singh Otti Vs Kamla Bai Rajak

Panchu Ram Thakur Vs Shri Deepak Kumar Agrawal

Smt. Neelima Tiwari Vs State of Chhattisgarh