Allowed¶21

Smt. Hemlata Rajput v. Rajendra Singh Rajput

Chhattisgarh HC4 Nov 2024TPC/72/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, T.P(C) No.72 of 2024, decided 05.11.2024, Deepak Kumar Tiwari J. Wife's transfer petition under Section 24 CPC allowed; Section 9 Hindu Marriage Act restitution-of-conjugal-rights case (No.12-A/2024) moved from Family Court Mungeli to Family Court Bilaspur; wife's convenience preferred per (2004) 15 SCC 237 (Rajani Kishore Pardeshi); child's disability/treatment at Bilaspur considered; appearance fixed 19.12.2024; virtual participation allowed for husband; expedited hearing directed.

What did the court decide?

Transfer Petition allowed; Case No.12-A/2024 transferred from Family Court, Mungeli to Family Court, Bilaspur, with parties to appear on 19.12.2024, liberty to the Respondent/husband to participate virtually, immediate transfer of record, and expedited hearing directed. ¶21

Smt. Hemlata Rajput Vs Rajendra Singh Rajput — Matrimonial and Divorce | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether Case No.12-A/2024 (application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights) pending before the Family Court, Mungeli should be transferred to the Family Court, Bilaspur, considering the hardship of the Petitioner/wife, who is posted at village Temri, District Bemetara, and has a deaf-and-dumb child under treatment at Bilaspur.

¶15

Court's answer

This Court deems it appropriate to transfer Case No.12-A/2024 from the Family Court, Mungeli to the Family Court, Bilaspur, having regard to the hardship faced by the Petitioner/wife.

¶20

Ratio / Principle

The parties are directed to appear before the Family Court, Bilaspur on 19.12.2024 for further proceedings; liberty is reserved to the Respondent/husband to participate through virtual mode unless otherwise directed; the Family Court, Mungeli shall transfer the record to the Family Court, Bilaspur immediately, and the latter shall expedite hearing of the case.

¶20

Detailed headnote1 paragraphs

Transfer Petition under Section 24 of the Code of Civil Procedure, 1908 filed by the wife seeking transfer of her husband's application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights (Case No.12-A/2024, pending before the Family Court, Mungeli) to the Family Court, Bilaspur. Allowed. Relying on Rajani Kishore Pardeshi v. Kishore Babulal Pardeshi, (2004) 15 SCC 237 (convenience of wife to be preferred over convenience of husband in transfer matters), and considering the Petitioner/wife's posting at village Temri, District Bemetara, and the serious ailment of one of her two children (deaf and dumb, under treatment at Bilaspur), the High Court transferred the case to Family Court, Bilaspur; parties directed to appear there on 19.12.2024; Respondent/husband given liberty to participate virtually; Family Court, Mungeli to transfer the record immediately and Family Court, Bilaspur to expedite hearing. Single Judge: Deepak Kumar Tiwari.

1 / 3

2024:CGHC:42873

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

T.P(C) No.72 of 2024

¶6

Smt. Hemlata Rajput W/o Rajendra Singh Rajput, Aged About 33 Years Daughter Of Shri Ram Bahadur Rajput (Pump Operator), OccupationGovernment Teacher (L.B.) R/o Behind Old Bus Stand, Azad Chowk, Hakim Nagar, Sargaon, Post Sargaon, P.S. -Sargaon, District-Mungeli (C.G.) ... Petitioner

¶7

versus

¶8

Rajendra Singh Rajput S/o Shiv Kumar Rajput, Aged About 40 Years R/o Pandariya Road, Near Water Tank, Kali Mai Ward, P.S., Tahsil And District Mungeli, District- Mungeli (C.G.) ... Respondent

¶9

For Petitioner : Shri Uday Pratap Singh, Advocate. For Respondent : Shri Keshav Dewangan, Advocate.

¶10

Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2024.11.06 11:01:45 +0530

¶11

05.11.2024

¶12

The instant Petition under Section 24 of the Code of Civil Procedure, 1908 has been filed by the Petitioner/wife to transfer Case No.12-A/2024 from the Family Court, Mungeli to the Family Court, Bilaspur.

¶13

2 / 3

¶14

Briefly stated, the marriage between the parties was solemnized on 18.02.2014 and out of the said relation, two children were born. The Respondent/husband has filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the Family Court, Mungeli, which is pending before the said Court.

¶15

It is submitted by Shri Singh that the Petitioner/wife is having two children, one among whom is deaf and dumb for which, treatment is also going on at Bilaspur, copy of disability certificate and other medical documents are annexed herewith. He further submits that the Petitioner/wife is presently posted at village Temri, District Bemetara as a Teacher and considering the fact that one of her children is suffering from serious ailment and further looking to her difficulty in travelling to attend the proceedings at Family Court, Mungeli, the said case may be transferred as prayed for.

¶16

Shri Dewangan opposes the prayer made by Shri Singh and submits that the Respondent/husband is ready to pay the travelling and other expenses if the Petitioner/wife attends the proceedings at Family Court, Mungeli.

¶17

In the matter of Rajani Kishore Pardeshi v. Kishore Babulal Pardeshi reported in (2004) 15 SCC 237 , it has been held that in such cases, the convenience of wife is to be preferred over the convenience of husband.

¶18

In view of above and having considered the facts and circumstances of the case, looking to the hardship being faced by the Petitioner/wife, this Court deems it appropriate to transfer Case

¶19

3 / 3

¶20

No.12-A/2024 from the Family Court, Mungeli to the Family Court, Bilaspur. Ordered accordingly. The parties are directed to appear before the Family Court Bilaspur on 19.12.2024 for further proceedings. However, liberty is reserved in favour of the Respondent/husband to participate in the proceedings through virtual mode, unless otherwise directed by the concerned Court. The Family Court, Mungeli shall transfer the record to the Family Court, Bilaspur immediately and the said Court shall expedite hearing of the case.

¶21

Accordingly, the instant Transfer Petition is allowed .

¶22

Sd/-

¶23

(Deepak Kumar Tiwari) Judge

¶24

Priya

Smt. Hemlata Rajput v. Rajendra Singh Rajput

Case brief

What is this about?

What did the court decide?

Smt. Hemlata Rajput v. Rajendra Singh Rajput

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

Ashok Kumar Ingle (Deleted) through Lrs. Vs K. Raju and Anr.

M/S Meet Medical Agencies Vs M/S Manohar Medical Agencies

Kavita Baghel Vs Prakant Baghel

M/s Mittal Investment Vs M/s Monnet Ispat And Energy Ltd.

Sarita Sahu Vs Ghanaram Sahu

Teekaram Sahu Vs Narayan Sahu