Smt. Uma Khuntiya @ Uma Yadav v. Sudhir Khuntiya

Mr. Harish Khuntiya, Advocate Mr. K.P. Sahu, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 21/10/2022

By way of this petition under Section 24 of CPC, the petitioner/wife has sought transfer of Case No. 546/2021 (Sudhir Khuntiya v. Smt. Uma Khuntiya @ Uma Yadav) filed by the respondent/husband under Section 13(1)(1-a) and 13(1)(i-b)of Hindu Marriage Act, 1955 pending before the Court of Principal Judge, Family Court, Durg to the Family Court, Jashpur.

Learned counsel for the petitioner submits that 2 respondent/husband has filed application under Section 13(1)(1-a) and 13(1)(1-b) of the Hindu Marriage Act before the Court of Principal Judge, Family Court, Durg whereas the petitioner/wife is residing at Jashpur and the distance between Jashpur and Durg is approximately 500 kms. He would further submit that the application filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955 has already been transferred from Familiy Court, Durg to Family Court, Jashpur pursuant to order dated 16/03/2020 passed by this Court in TPC/1/2020 and the application filed by the petitioner/wife under Section 125 of CrPC for grant of maintenance is already pending before the Family Court, Jashpur, as such, in that view of the matter, the said case be also transferred from Family Court, Durg to Family Court, Jashpur which is seriously opposed by learned counsel for the respondent stating that the instant petition deserves to be dismissed.

I have heard learned counsel for the parties, considered their rival submissions made herein- above and went through the record with utmost circumspection.

Taking consideration of the fact that petitioner is 3 residing at her parental home in Jashpur which is approximately 500 kms away from Durg and the application filed by the respondent/husband under Section 9 of the Hindu Marriage Act has already been transferred from Family Court, Durg to Family Court, Jashpur vide order dated 16/03/2020 passed by this Court in TPC/1/2020 and the application filed by the petitioner/wife under Section 125 of CrPC for grant of maintenance is also pending before the Family Court, Jashpur, I deem it appropriate to transfer Case No. 546/2021 (Sudhir Khuntiya v. Smt. Uma Khuntiya @ Uma Yadav) filed by the respondent/husband under Section 13(1)(1-a) and 13(1)(i-b)of Hindu Marriage Act, 1955 pending before the Court of Principal Judge, Family Court, Durg to the Family Court, Jashpur for hearing and disposal in accordance with law. Parties are directed to appear before the Family Court, Jashpur on 28/11/2022. Meanwhile, the Family Court, Durg will send the record of the said case to the Family Court, Jashpur expeditiously. It is further directed that both these applications will be tried and concluded by the Family Court, Jashpur within four months from the date of receipt of a copy of this order.