Dismissed

Smt. Niketa Tripathi v. Rajiv Kumar Dubey

Chhattisgarh HC7 Nov 2024TPC/123/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce suit from Bilaspur to Raigarh citing distance and convenience. The Court found both parties qualified, trains connect the towns, and virtual appearance is possible, so no substantial ground for transfer was made out and the petition was dismissed with liberty to seek virtual participation.

What the court decided

AI extract

Smt. Niketa Tripathi Vs Rajiv Kumar Dubey — Maintenance and Alimony | Chhattisgarh HC (2024)

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2024:CGHC:43557

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 123 of 2024

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1 - Smt. Niketa Tripathi W/o Shri Rajiv Kumar Dubey Aged About 49 Years R/o Kotra Road, In Front Of Chuna Bhatti, Raigarh, Tahsil And District Raigarh (C.G.) Present Address Infront Of Rambag, Beside Commerce College, Chhattisgarh Housing Board Colony, House No. Lig G 601, Kotra Road, Raigarh, Tahsil And District Raigarh (C.G.)

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... Petitioner

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versus

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1 - Rajiv Kumar Dubey S/o Shri M.L. Dubey Aged About 49 Years R/o Tikrapra, Sub Post Office Gali, Ramdas Nagar, Tahsil And District Bilaspur (C.G.)

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... Respondent

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For Petitioner : Shri Achyut Tiwari, Advocate. For Respondent : Shri Rakshit Tiwari, Advocate.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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08/11/2024 :

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This petition has been filed for transfer of matrimonial proceedings filed by the respondent/husband vide Civil Suit No.909-A/2023 before the Principal Judge, family Court, Bilaspur to family Court, Raigarh.

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2024.11.08 16:29:55 +0530

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Facts of the case, in brief, are that marriage of parties was solemnized on 11.6.2003 at Raigarh. Out of their relations, one daughter was born. After the marriage, the parties were living together for about 6 years in Korba and Raigarh. It was alleged that the respondent used to commit cruelty with the petitioner. The respondent also pressurized her to leave her job and committed domestic violence with her. The respondent and his family

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members ousted the petitioner from her matrimonial home because of which she was forced to reside at her parental house where her daughter is also studying. Recently, the petitioner has received the impugned notice of the application filed by the respondent/husband for grant of divorce at family Court Bilaspur.

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Learned counsel for the petitioner submits that the petitioner is presently living with her old aged parents and is presently posted as Shiksha Karmi at Raigarh. Her husband has filed a divorce petition at Bilaspur which is 150 kilometer away from Raigarh and, therefore, it is very difficult for the wife to travel to the said place. The wife has also filed a maintenance application for her minor daughter at family Court, Raigarh. Looking to the convenience of both the parties, the divorce case may be transferred from the family Court, Bilaspur to the family Court, Raigarh.

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On the other hand, learned counsel for the respondent would oppose the aforesaid submissions. He submits that no notice has been received about maintenance of the minor daughter.

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I have heard learned counsel for the parties at length and perused the documents annexed with the petition carefully.

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Perusal of the proceeding of the maintenance case under Section 125 CrPC filed by the minor daughter against her father shows that notice has been sent by ordinary as well as registered mode, but the notices have returned unserved on the date of hearing i.e. 12^th June, 2024. Thereafter an application for substituted service by way of paper publication has been preferred and the case was listed for hearing on 8.7.2024. Similarly, the wife has also made her appearance in the divorce case on 10.6.2024 and the effort of conciliation was failed. Thereafter the matter was fixed for reply of the wife.

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Upon being asked, learned counsel for the petitioner submits that reply has been filed on 18.10.2024.

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Taking into consideration the fact that both the parties have reached to the age of 49 years and both are well qualified coupled with the fact that the petitioner/wife is also a working lady doing the job of Shiksha Karmi, there is direct connectivity of number of trains between Bilaspur and Raigarh, and it is not necessary for the petitioner/wife to attend each and every hearing at the family Court, Bilaspur and instead she may participate in the proceeding through virtual mode also, and that conciliation has not been materialized, this Court is of the opinion that no substantial ground for transfer of the matrimonial proceeding from family Court, Bilaspur to family Court, Raigarh is made out.

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Accordingly, the Transfer Petition is dismissed. However, liberty is reserved in favour of the petitioner/wife to move appropriate application before the family Court, Bilaspur to participate in the proceeding through virtual mode. If such application is moved, the concerned Court shall consider the said application positively unless personal presence of the petitioner/wife is required.

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10.This Court also hopes and trusts that both the parties may explore the possibility of amicable settlement or to make joint application for mediation to settle their inter se dispute with the help of trained Mediator. If such application is moved, the concerned Court is expected to make all efforts to firstly adopt the said procedure for amicable settlement between the parties.

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Sd/-

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(Deepak Kumar Tiwari)

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JUDGE

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Barve

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Smt. Niketa Tripathi v. Rajiv Kumar Dubey

Case brief

What is this about?

What the court decided

Smt. Niketa Tripathi v. Rajiv Kumar Dubey

Case brief

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