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High Court Of ChhattisgarhTPC/69/2017disposed off

Smt. Chandni @ Jivika v. Tarun Kumar Bafna

2018-02-22Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (C) No. 69 of 2017 Smt. Chandni @ Jivika, aged about 26 years W/o Shri Tarun Kumar Bafna, D/o Shri Nilamchand Sancheti, Caste Jain, presently residing at Nagri, Tahsil Nagri, District- Dhamtari (C.G.).

---- Applicant

Versus

Tarun Kumar Bafna S/o Shri Chhagan Lal Bafna, aged about 27 years, R/o Ganjline, Tarun Trading Company Rajnandgaon ward no. 26, Tahsil and District Rajnandgaon (C.G.).

---- Respondent For Applicant :

Mr. T.K. Jha, Advocate For Respondent :

Mr. Aditya Bhardwaj, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 22/02/2018 1.

This petition under Section 24 of the Code of Civil Procedure, 1908 is filed by the applicant praying for transfer of matrimonial case No. 49A/2017 preferred under Section 9 of the Hindu Marriage Act, 1955 (henceforth 'the Act of 1955') for restitution of conjugal right by the husband pending before the Court of Judge Family Court, Rajnandgaon to the Family Court, Dhamtari on the ground that mother of the applicant is suffering from cancer and she has to look after her mother and being a lady, she feels economical hardship and unsafe in traveling to Rajnandgaon Court frequently.

2.

During the course of arguments, both the counsel have agreed that the matrimonial case may be transferred and heard at the Family Court, Kanker.

3.

In view of above submission, it is directed that the matrimonial case No. 49-A/2017 be transferred from the Family Court, Rajnandgaon to the Family Court, Kanker for its hearing and disposal in accordance with law. The said transfer shall be made effective before 27/03/2018. The parties shall now appear before the Family Court, Kanker on 06/04/2018. It is further directed that the civil suit shall be decided as early as possible, preferably within a period of six months. 4.

No order as to cost.

Sd/- (Arvind Singh Chandel) Judge Rahul