Chhabi Agrawal Vs Sandeep Agrawal

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2024:CGHC:37549

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 165 of 2024

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Chhabi Agrawal W/o Sandeep Agrawal Aged About 32 Years R/o Lig / 46, Sarita Bhavan, Sada Colony, Darri, P.S. Darri, District Korba (C.G.), At Present R/o Hanuman Mandir Chowk, Ward No. 11, Bijuri, Tehsil And P.S. Bijuri, District Anuppur (M.P.)

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... Petitioner

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versus

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AJAY KUMAR DWIVEDI Date: 2024.09.25 10:38:36 +0530

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Sandeep Agrawal S/o Niranjan Lal Agrawal Aged About 36 Years R/o Lig / 46, Sarita Bhavan, Sada Colony, Darri, P.S. Darri, District Korba (C.G.)

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... Respondents

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For Petitioner : Mr. Priyanshu Gupta, Advocate. For Respondent : None.

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SB : Hon'ble Shri Justice Deepak Kumar Tiwari, J.

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Order On Board

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24.09.2024

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This petition has been filed under Section 24 of the Civil Procedure Code (CPC) by the petitioner/wife seeking transfer of Civil Suit No.129-A/2021 from learned Family Court, Katghora, District Korba to learned Family Court, Manendragarh, District Manendragrah-Chirmiri-Bharatpur (CG). The said suit has been preferred by the respondent/husband under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955.

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Facts of the case are that the marriage between the parties was solemnized on 13.06.2020. After sometime relation between the parties turned sore. It is alleged by the petitioner that she was subjected to mental cruelty. She has also preferred an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (for short “Act 2005”) before Judicial Magistrate First Class, Katghora, Korba against the husband and his family members. A prayer has been made for transfer of the suit on the ground that she is suffering from severe LBA and Scoliosis due to which she is unable to travel and in her family only her old aged mother is residing who is suffering from knee problems and in such situation it is very difficult to travel to Korba for participating in the proceedings. Hence, this petition.

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Learned counsel for the petitioner submits that recently he came to know that earlier also the petitioner has preferred two transfer petition bearing TPC No.25/2024 & TPC No.28/2024 before this Court seeking transfer of Case No.129-A/2021 from learned Family Court, Katghora, Korba to the learned Family Court, Bilaspur and for transfer of application under Section 12 of the Act 2005 pending before learned JMFC Katghora to Family Court Bilaspur. He informs that both the transfer petitions were dismissed on 09.05.2024, however, liberty was granted to the petitioner to appear through video conferencing/virtually if permitted by the concerned Court.

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After considering the aforesaid submission and perusing the earlier order passed the co-ordinate Bench of this Court on 09.05.2024, it appears that in the said case, the petitioner has sought transfer of same case i.e. Case No.129-A/2021 from Family Court, Katghora, Korba to Family Court Bilaspur. When said transfer petition was not decided in her favour, she has

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preferred instant petition seeking transfer of the same case to another place. Further, while dismissing the earlier transfer petition, liberty was reserved in favour of the petitioner to appear before the concerned Court virtually. In such circumstances, the petitioner is not required to travel on every date of hearing to the concerned Court unless her personal presence is required. Moreover, in the earlier order, it was also observed that other proceedings are pending in the concerned Court at District Korba.

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Considering the aforesaid aspects, this Court does not find any substantial ground to grant the relief as sought for.

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For the foregoing, this petition fails and is hereby dismissed in limine .

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However, this Court observes that if prayer is made by the petitioner to appear through video conferencing/virtually before the concerned Court, the concerned Court shall consider such prayer liberally.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Chhabi Agrawal v. Sandeep Agrawal

Case brief

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Chhabi Agrawal v. Sandeep Agrawal

Case brief

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