The High Court allowed a petition seeking transfer of matrimonial restitution proceedings from the District Judge, Mungeli to the Family Court, Raigarh, considering the petitioner's difficulty traveling with minor children.
Transfer of Civil Suit No.18A/2022 from District Court, Mungeli to Family Court, Raigarh.
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2024:CGHC:42599
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 78 of 2023
... Petitioner
versus
... Respondent
| For Petitioner | : Mr. Punit |
Ruparel, Advocate |
|---|
Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board
04/11/2024
1. Heard on admission.
2. None for the respondent though served.
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3. The Petition is admitted for hearing.
4. This petition has been filed for transfer of matrimonial proceedings filed by the husband/respondent under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the District Judge, Mungeli vide Civil Suit No.18A/2022 to the Family Court, Sarangarh-Bilaigarh.
5. Facts of the case in brief are that marriage between the petitioner and respondent was solemnized on 05.06.2015. Out of their relations, 2 children were born. Thereafter, her in-laws and husband started abusing her mentally and physically; therefore, she returned to her parents house at Bilagarh, District Sarangarh-Bilaigarh. On 21.04.2022, the respondent/husband filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against the petitioner/wife before the District Judge, Mungeli.
6. Learned counsel for the petitioner submits that as the wife is having two minor children and the husband is also not paying maintenance, it is very difficult for her to travel on each and every date of hearing along with her two minor children. Considering the backdrop, this Petition may be allowed.
7. I have heard learned counsel for the petitioner and perused the documents annexed with the petition carefully.
8. The law in this regard is settled that the convenience of wife should be considered for transfer of matrimonial proceedings. Taking into consideration the interest of both the parties, this Court deems it appropriate to transfer the matrimonial proceedings filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights vide Civil
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Suit No.18A/2022 from the District Court, Mungeli to the Family Court,
Raigarh. Ordered accordingly.
9. In the result, instant Petition is allowed.
10. Both the parties shall remain present before the Family Court, Raigarh on 19.12.2024.
11. However, it is observed that the respondent/husband may appear before the Family Court, Raigarh through VC unless otherwise directed by the said Court.
12. Let a copy of this order be sent to the District Court of Mungeli and Family Court of Raigarh for necessary compliance.
Sd/-
(Deepak Kumar Tiwari) Judge
Priyanka
1 issue framed by the court
Whether matrimonial proceedings under Section 9 of the Hindu Marriage Act should be transferred to relieve the petitioner of travel difficulties with minor children.
1 provisions across 1 enactments
Kavita Baghel
Prakant Baghel
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
