Smt. Gyan Bai Vs Dilip Kumar Sahu

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2024:CGHC:43468

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 195 of 2024

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1 - Smt. Gyan Bai W/o Dilip Kumar Sahu, Aged About 34 Years, At Present R/o C/o. Khem Lal Sahu, Ward No. 52, Apollo Hospital Road, Near Krishna Ata Chakki, Lingiadeeh, Bilaspur, Chhattisgarh.

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... Petitioners

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versus

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1 - Dilip Kumar Sahu S/o Ram Prasad Sahu, Aged About 33 Years, R/o Village Sakarra, Police Station And Tahsil Malkharoda, District Sakti, Chhattisgarh.

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... Respondents

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For Petitioner : Mr. Kunwarlal Sahu, Advocate

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:

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

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Order on Board

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08/11/2024

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This petition has been filed by the petitioner-wife for transfer of matrimonial proceedings vide Civil Suit No112-A/2022 before the Family Court, Sakti to Family Court, Bilaspur.

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Digitally signed by SHYNA AJAY Date: 2024.11.12 10:36:06 +0530 2. Facts of the case, in brief, are that the marriage of the parties was solemnized on 2.7.2021 at Raigarh. After 5 months of their marriage, the petitioner-wife was kicked out. It was alleged that the respondent-husband used to commit cruelty with the petitioner. The respondent used to use

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filthy language and assault the petitioner with hands and fists. Thereafter, the petitioner started to pursue her academic and professional career as a Nurse at a Hospital in Bilaspur. In the meanwhile, the husband filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights at Family Court, Sakti.

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Learned counsel for the petitioner would submit that the wife has also filed an application under Section 12 read with Sections 18, 19, 21 and 22 under the Domestic Violence Act, 2005 (in short “the Act, 2005”) before the Court of Judicial Magistrate First Class-Jaijaipur, District Jangjir-Champa. Since the petitioner-wife is doing the job of a nurse and residing at Bilaspur, therefore, she had preferred an application for transfer of the said criminal case, which has been allowed by the order dated 2.8.2023 passed in TPCR No.21/2024 by this Court. He further submits that the applicant being a lady, it is very difÏcult for her to travel from Bilaspur to the Family Court, Sakti. Hence, considering all these aspects, her application for transfer of the matrimonial case filed by the husband may be allowed.

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Heard learned counsel for the applicant and also perused the documents annexed along with the petition.

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It is pertinent to mention that in para 2 of the petition, it has been stated that the husband kicked out the wife and thereafter, she pursued her academic career and is doing a job of nurse. However, in the reply filed under Section 9 of the Hindu Marriage Act before the Family Court, District Sakti, it has been stated by the wife that on 18.7.2021, the husband told the wife to do a job at Ramghosh Hospital at Bilaspur, for which, he brought her to Bilaspur. Thereafter, they rented a house at Rajkishore Nagar. However, the husband resided with the wife for only a day and thereafter, left her and returned to Village – Sakarra. The wife contacted the husband through mobile but he did not respond. The marriage of both the parties

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was solemnized on 2.7.2021 and only after 16 days of their marriage, the wife started the job of Nurse at Bilaspur. The wife had earlier filed an application under Section 12 of the Act, 2005 at District Jangjir and when she started a job at Bilaspur, she has preferred a Transfer Petition for transfer of the Criminal Case and ultimately, the same was allowed.

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Taking into consideration the fact that both the husband and wife are originally the residents of Sakti, therefore, the husband has filed an application for restitution of conjugal rights at the nearby Family Court at Sakti coupled with the fact that the wife is a qualified nurse and also earning by doing such job and there is direct connectivity of number of trains between Bilaspur and Sakti, and it is not necessary for the petitioner/wife to attend each and every hearing at the Family Court, Sakti and instead she may participate in the proceeding through virtual mode also, this Court is of the opinion that no substantial ground for transfer of the matrimonial proceeding from Family Court, Sakti to Family Court, Bilaspur is made out.

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Accordingly, the Transfer Petition is dismissed at the motion stage itself. However, liberty is reserved in favour of the petitioner/wife to move an 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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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Shyna

Smt. Gyan Bai v. Dilip Kumar Sahu

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Smt. Gyan Bai v. Dilip Kumar Sahu

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