Smt. Sarswati Sahu Vs Yogeshwar Sahu

Yogeshwar Sahu, S/o Premsingh Sahu, Aged About 55 Years, R/o Village Manjhi Aathgaon, Tahsil Farasgaon, Police Station Farasgaon, District Kondagaon (C.G.).

¶10

... Respondent/Applicant (Cause title taken from Case Information System) For Petitioner/Non-applicant : Mr. Shivendu Pandya, Advocate. For Respondent/Applicant : None.

¶11

Hon'ble Shri Justice Naresh Kumar Chandravanshi

Order on Board

04/02/2025

1. Heard.

2. The petitioner/wife has filed the instant petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’) for transfer of divorce petition bearing Civil Suit No.17-A/2023 (Yogeshwar Sahu Versus Smt. Saraswati Sahu) pending before the Family Court, Kondagaon, District Kondagaon (C.G.) to the District and Additional Sessions Judge, Gariyaband, District Gariyaband (C.G.).

¶16

3. The facts of the case, in brief, are that the marriage of the petitioner/wife was solemnized with the respondent/husband at Magarlod, District Dhamtari (C.G.) on 11.05.1995 as per the Hindu rites and rituals and they have been blessed with two children, who are adult now. Since respondent/husband

¶17

2

¶18

used to harass petitioner/wife physically and mentally, hence, she is residing separately along with her two children in her parental house at Rajim. Subsequently, respondent/husband preferred an application for divorce/dissolution of marriage under Section 13( d ) of the Hindu Marriage Act, 1955 before the Family Court, Kondagaon, District Kondagaon (C.G.), which is pending adjudication bearing Civil Suit No.17-A/2024. Hence, the instant TPC has been filed for transfer of the abovementioned civil suit.

¶19

4. Learned counsel for the petitioner submits that because of harassment meted out to petitioner/wife by the respondent/husband, wife is compelled to leave the company of husband and she is residing separately at Rajim since 25 years along with her two children, who are adult now. It is further submitted that distance between Rajim, District Gariyaband (C.G.) and Kondagaon is about 209 Kms and being a lady, petitioner/wife has to face various difficulties in travelling from Rajim, District Gariyaband (C.G.) to Kondagaon (C.G.) to attend the proceedings of the divorce case, which has been filed by the respondent/husband. Therefore, learned counsel for the petitioner prayed that the divorce case may be transferred from the Family Court, Kondagaon, District Kondagaon (C.G.) to the District and Additional Sessions Judge, Gariyaband, District Gariyaband (C.G.).

¶20

5. I have heard learned counsel for the petitioner and perused the material available in the transfer petition.

¶21

6. The ground taken by the petitioner for transfer of divorce petition pending before the Family Court, Kondagaon, District Kondagaon (C.G.) is that, the petitioner is presently residing along with two children at Rajim, District Gariyaband (C.G.), which is far away from Kondagaon (C.G.) where divorce petition is currently going on and the petitioner/wife being a lady aged about 53 years, it is very harsh for her to travel 418 Kms (up and down) in a day. It is also pertinent to mention here that, distance from Rajim, District Gariyaband (C.G.), where she resides, to Kondagaon (C.G.), where divorce

¶22

3

¶23

petition is pending, is said to be about 209 Kms and there is a road connectivity between these two places. Perusal of order sheets show that petitioner/wife has engaged an advocate to represent her and it is not required her to go to attend every hearing at Kondagaon (C.G.), as she has already engaged the counsel to represent her. Further, if, she has to go necessarily to attend the hearing for examination etc., her sons may company her to attend the same, as they are adult now. However, there is no such material on record, based on which, it can be said that the petitioner is unable to travel from Rajim, District Gariyaband (C.G.) to Kondagaon (C.G.).

¶24

7. For the above reasons, this Court does not find any good ground to transfer the divorce petition from the Family Court, Kondagaon, District Kondagaon (C.G.) to the District and Additional Sessions Judge, Gariyaband, District Gariyaband (C.G.).

¶25

8. Accordingly, the instant transfer petition is dismissed at motion stage itself. However, learned Family Court, Kondagaon, District Kondagaon (C.G.) is directed to decide the Civil Suit No.17-A/2024 (Yogeshwar Sahu Versus Smt. Saraswati Sahu), as early as possible, preferably within a period of 6 months from the date of receipt/submission of copy of this order.

¶26

9. It is further made clear that both the parties shall cooperate with the concerned court for expeditious disposal of the case.

¶27

Sd/- (Naresh Kumar Chandravanshi) Judge

¶28

Digitally DEEPTIJHANIRALA signed byDEEPTIJHANIRALADate:2025.02.05 10:35:16 +0530

Smt. Sarswati Sahu v. Yogeshwar Sahu

Case brief

What is this about?

What did the court decide?

Smt. Sarswati Sahu v. Yogeshwar Sahu

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kishore Kumar Dighaskar Vs State of Chhattisgarh

Tularam Markam Vs Shri Jai Kumar Nag

Golchha Promoters Developers and Builders Pvt. Ltd. Vs Union of India

Xxx Vs State of Chhattisgarh

Salasar Welfare Resident Association Vs M/ S Sachdeva Buildcon and Ors.

Smt. Pankajni Chouhan Vs State of Chhattisgarh