Chattisgarh High Court
Smt. Anju Sahu vs Anil Sahu on 9 December, 2022
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Transfer Petition (Civil) No.6 of 2022
Smt. Anju Sahu, W/o Anil Sahu, aged about 33 years, Nagar Panchayat
Gaurela (Saraswati Nagar), P.S. Gaurela, Tehsil Pendraroad, District
Gaurela Pendra Marwahi (C.G.) Presently R/o D/o Shri Gulabchand Sahu,
Kailashpuri, Sahu Atta Chakki, P.S. Tikrapara, Tehsil and District Raipur
(C.G.)
---- Petitioner
Versus
Anil Sahu, S/o Shri Uma Shankar Sahu, aged about 36 years, Nagar
Panchayat Gaurela (Saraswati Nagar), P.S. Gaurela, Tehsil Pendraroad,
Distt. Gaurela, Pendra, Marwahi (C.G.)
---- Respondent
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For Petitioner: Mr. Umesh Verma, Advocate. For Respondent: None present, though served.
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Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/12/2022
1. This transfer petition has been preferred by the petitioner / wife seeking transfer of Civil Suit No.40A/2021 (Anil Sahu v. Anju Sahu) pending before the Court of Additional District Judge, Pendra Road to the Family Court, Raipur.
2. Learned counsel for the petitioner submits that divorce petition filed by the respondent herein under Section 13 of the Hindu Marriage Act, 1955 is pending before the Court of Additional District Judge, Pendra Road, Distt. Bilaspur, whereas, the petitioner is now staying with her parents at Raipur and distance between Pendra Road and Raipur is 250 Kms.. In that view of the matter, it would be expedient to transfer the proceeding under Section 13 of the Hindu Marriage, Act, 1955 i.e. Civil Suit No.40A/2021 (Anil Sahu v. Anju Sahu) pending before the Court of Additional District Judge, Pendra Road to the Family Court, 2 Raipur.
3. None present for the respondent, though served.
4. I have heard learned counsel for the petitioner and considered the submissions made herein-above and also went through the record with utmost circumspection.
5. On due consideration and considering the distance between Pendra Road & Raipur which is 250 Kms., considering the income of the petitioner herein, particularly taking into consideration the decision of the Supreme Court in the matter of N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (paragraphs 9 & 10)1, I consider it a fit case to direct that Civil Suit No.40A/2021 (Anil Sahu v. Anju Sahu) pending before the Court of Additional District Judge, Pendra Road be transferred to the Family Court, Raipur, for hearing and disposal in accordance with law. It is ordered accordingly. The Additional District Judge, Pendra Road, is directed to the send the record of Civil Suit No.40A/2021 (Anil Sahu v. Anju Sahu) to the Family Court, Raipur, forthwith.
6. The transfer petition is allowed to the extent indicated herein-above. No order as to cost(s).
Sd/-
(Sanjay K. Agrawal) Judge Soma 1 2022 SCC OnLine SC 1199