Smt. Jugbati Bai Bandhe v. Kumari Chandani Bandhe

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (Civil) No.12 of 2016 Smt. Jugbati Bai Bandhe, wife of Late Kanwal Singh Bandhe, aged about 65 years, R/o Village Charmudiya, Railway Station Para, Kurud, Tahsil and Thana Kurud, District Dhamtari, Chhattisgarh ---- Petitioner versus Kumari Chandani Bandhe, aged about 21 years, D/o Late Ganesh Bandhe, Permanent R/o Charmudiya, Railway Station Para, Kurud, Tahsil and Thana Kurud, District Dhamtari (Chhattisgarh), at present R/o C/o Pingla Baghel (elder sister) Village Gatapara, Tahsil/Thana Abhanpur, District Raipur, Chhattisgarh ---- Respondent For Petitioner :

Shri Ravindra Sharma, Advocate Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 12.8.2016 1.

This petition has been filed for transfer of Case No.115 of 2015 pending before 2nd Additional Principal Judge, Family Court, Raipur to Family Court at Dhamtari.

2.

The facts stated in the transfer petition are that Ganesh Bandhe, son of the present Petitioner was married to Laxmi Bandhe. Unfortunately, Ganesh Bandhe died. Thereafter, Laxmi Bandhe, wife of the deceased filed a petition under Section 20(3) of the Hindu Adoptions and Maintenance Act claiming maintenance for herself from in-laws Kanwal Singh Bandhe and Jugbati Bai Bandhe (the present Petitioner). Kanwal Singh Bandhe also expired during the pendency of the proceedings.

3.

The grand daughter/Respondent herein has also filed a petition for maintenance in the Family Court at Raipur. According to the present Petitioner, the grand daughter/Respondent herein and her mother are living together. The grand mother/the present Petitioner herein, who is to contest the case, is a senior citizen aged more than 65 years. She is

already facing one case, being Case No.6-A of 2015 in the Family Court at Dhamtari.

4.

In view of the above, interest of justice requires that the case filed by the Respondent herein pending before the Family Court, Raipur be transferred to the Family Court, Dhamtari.

5.

Consequently, the transfer petition is allowed. Case No.115 of 2015 pending before 2nd Additional Principal Judge, Family Court, Raipur is transferred to Family Court at Dhamtari.

6.

It is further directed that the Family Court at Dhamtari shall fix same dates of hearing in both the cases.

Sd/- (Deepak Gupta) CHIEF JUSTICE Gopal