Allowed

Smt. Subhadra Dewangan v. Shivkumar Dewangan

Chhattisgarh HC5 May 2024TPC/16/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce petition from Family Court Sakti to Family Court Balodabazar-Bhatapara, citing distance and hardship as she resided over 70 km away at Sarangarh-Bilaigarh. Relying on Supreme Court precedent in like matters, the High Court allowed the transfer, permitting the husband to appear in hybrid mode.

What did the court decide?

Divorce petition transferred from Family Court, Sakti to Family Court, Balodabazar-Bhatapara; husband may appear in hybrid mode; no costs.

Smt. Subhadra Dewangan Vs Shivkumar Dewangan — Matrimonial and Divorce | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

Transfer Petition (Civil) No.16 of 2024

¶5

Smt. Subhadra Dewangan W/o Shri Shivkumar Dewangan, D/o Shri Dukaluram Dewangan Aged About 31 Years R/o Banglabhatah Bilaigarh, Thana and Tahsil- Bilaigarh, Distt.- Sarangarh-Bilaigarh, C.G.

¶6

---- Petitioner

¶7

Versus

¶8

Shivkumar Dewangan S/o Shri Santosh Kumar Dewangan Aged About 29 Years By Caste Dewangan, R/o Ward No. 11 Jhulkadam Road Sakti, Thana and Tahsil- Sakti, Distt.-Sakti, C.G.

¶9

---- Respondent

¶10

For Petitioner : Mr. Sumit Shrivastava, Advocate For Respondent : Ms. Bhavika Kotecha, Advocate

¶11

Hon'ble Shri Justice Arvind Kumar Verma

¶12

Order on Board

¶13

06/05/2024

¶14

With the consent of both the parties, the matter is heard on admission as well as heard finally and is being disposed of.

¶15

This petition under Section 24 of the Code of Civil Procedure (for short “CPC”) has been filed by the petitioner-wife seeking relief of transfer of divorce petition bearing Civil Suit No.HMA Unregistered/2024 (Shivkumar Dewangan Vs. Smt. Subhadra Dewangan) preferred by the respondent-husband under Section 13(1)(a) of the Hindu Marriage Act, 1955 (for short the “Act of 1955”)

¶16

¶17

before the Family Court, Sakti, District Sakti to Family Court, Balodabazar, District Balodabazar- Bhatapara (CG).

¶18

Learned counsel for the petitioner submits that marriage of the petitioner with the respondent was solemnized on 25.01.2019 as per custom prevailing in the society at Bilaigarh, District Balodabazar Bhatapara (Now District Sarangarh-Bilaigarh) and after marriage, she started to reside with respondent as his wife. After 4 to 5 months of marriage, respondent ousted her from his house and since the date she is residing with her parents at Bilaigarh and due to the harassment as well as cruelty by the husband and his family members, petitioner filed the complaint before the Police Station, Sakti. He further submits that presently the petitioner is residing at District Sarangarh-Bilaigarh, from where Sakti is more than 70 KMs away and there is no one in the family to assist the petitioner to come to Family Court at Sakti for each and every date of hearing. Therefore, looking to the hardships likely to be faced by her the case be transferred to Family Court, Balodabazar, District BalodabazarBhatapara (C.G.).

¶19

Learned counsel for the respondent-husband opposes the prayer for transfer of the case from the Family Court, Sakti to Family Court, Balodabazar, District Balodabazar-Bhatapara and she submits that if, the case is transferred then the respondent-husband be given liberty to appear before the Family Court, Balodabazar, District BalodabazarBhatapara in hybrid mode.

¶20

¶21

I have heard counsel for the parties and perused the documents available on record with utmost circumspection.

¶22

It is an admitted position that the petitioner is residing at District Sarangarh-Bilaigarh which is more than 70 Kms away from Sakti where the respondent-husband has filed an application under Section 13(1)(a) of the Act of 1955. After perusal of the records and in view of the decision, 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.

¶23

Accordingly, the petition is allowed. It is directed that the Civil Suit No.HMA Unregistered/2024 (Shivkumar Dewangan Vs. Smt. Subhadra Dewangan) preferred by the respondent-husband under Section 13(1)(a) of the Hindu Marriage Act, 1955 (for short the “Act of 1955”) before the Family Court, Sakti, District Sakti is transferred to Family Court, Balodabazar, District Balodabazar-Bhatapara. Now, parties are directed to appear before the Family Court, Balodabazar, District Balodabazar-Bhatapara on 25.06.2024. Respondent-husband is at liberty to appear before the Family Court,Balodabazar, District Balodabazar-Bhatapara in hybrid mode, i.e., through physical or video conferencing. In case, the respondent-husband fails to appear learned Judge presiding over the said Court may issue notice to him for a date to be fixed by it. It is also observed that the learned Family Court, Balodabazar, District Balodabazar-Bhatapara shall fix the

¶24

¶25

same date on which the other proceeding is fixed for hearing for convenience of the parties as far as possible.

¶26

The petition is accordingly allowed.

¶27

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

¶28

Copy of the order be sent to the Family Court, Balodabazar, District Balodabazar-Bhatapara and Family Court Sakti. Copy of the order may also be sent to the concerned parties.

¶29

No order as to cost(s).

¶30

Sd/(Arvind Kumar Verma) Judge

¶31

Vasant

Smt. Subhadra Dewangan v. Shivkumar Dewangan

Case brief

What is this about?

What did the court decide?

Smt. Subhadra Dewangan v. Shivkumar Dewangan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abhisek Singh Vs Amir Singh Dhruwa

Rusuk Yadav Vs Dr. Sarveshwar Narendra Bhure

Birbal Uraon Vs Kundan Kumar

Jagdish Kumar Tripathi Vs Pawan Kumar Agrawal

Gurudayal Biyar Vs Reminius Ekka

Santosh Rangare Vs State of Chhattisgarh