Smt. Sandhya @ Geeta v. Krishna Kumar Namdev @ Girdhar

: Mr. Vivek Verma, Advocate : None though served Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/04/2024

This petition under Section 24 of the Code of Civil Procedure (for short “CPC”) has been filed by the petitioner-wife seeking relief of transfer of Case No. 85A/2023 (Krishna Kumar Namdev Vs. Smt. Sandhya @ Geeta) preferred by the respondent-husband for dissolution of the marriage, before the learned Family Court, Kabirdham (C.G.) to learned Family Court Janjgir Champa, (C.G)

Learned counsel for the petitioner submits that marriage of the petitioner with the respondent was solemnized on 05.05.2011 at 2 Champa as per Hindu rites and rituals and thereafter, relations turned sour and for that the petitioner is living in her parental house with her parents. He submits that the respondent-husband filed an application under Section 13(1)(1a)(1b) of the Hindu Marriage Act before the Principal Judge, Family Court, Kabirdham District-Kabirdham(C.G.) and summons of that application has been received by the petitioner- wife. He further submits that presently the petitioner is residing at Champa, District – Janjgir-Champa (C.G.) from where kabirdham is about 200 Kms away and there is no direct conveyance to reach there. Therefore, looking to the hardships likely to be faced by her the case may be transferred to Family Court, Champa District Janjgir- Champa (C.G.).

Heard counsel for the petitioner and perused the documents on record with utmost circumspection.

It is an admitted position that the petitioner is residing at Champa which is about 200 Kms away from Kabirdham where the respondent- husband has filed an application 13(1)(1a)(1b) of the Hindu Marriage Act before the Principal Judge, Family Court, Kabirdham District- Kabirdham (C.G.). After perusal of the records and in view of the decisions of the Hon’ble Supreme Court in the like matters, i.e., Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi reported in (2005) 12 SCC 237 reported in 2022 LiveLaw (SC) 627 and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi reported in (2005) 12 SCC 237, this Court is inclined to allow the petition. 3

The petition is accordingly allowed. Consequently, the pending application(s), if any, shall stand disposed of.

Copy of the order be sent to the Family Court, Kabirdham and Family Court Champa. Copy of the order may also be sent to the concerned parties.

No order as to cost(s). Judge Sd/-- (Arvind Kumar Verma) Shoaib