Smt. Nema v. Harish Kumar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (Civil) No.26 of 2016 Smt. Nema, W/o Harish Kumar Tamboli, aged about 31 years, R/o Kadgi, Police Station & Post Kasdol, Civil and Revenue District Baloda Bazar Bhatapara (Chhattisgarh), at present R/o Kadam Chowk, Champa, Post & Police Station Champa, Civil and Revenue District Janjgir-Champa, Chhattisgarh ---- Petitioner versus Harish Kumar, S/o Diwakar Prasad Tamboli, aged about 33 years, R/o Kadgi, Police Station & Post Kasdol, Civil and Revenue District Baloda Bazar Bhatapara, Chhattisgarh ---- Respondent For Petitioner :

Shri Manoj Paranjpe, Advocate Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 29.7.2016 1.

On 24.6.2016, Learned Counsel appearing for the Respondent had sought two weeks' time to file reply and, therefore, the matter was ordered to be listed on 22.7.2016. On 22.7.2016, no one appeared for the Respondent and the matter was adjourned for today specifically mentioning that in case, no one appears on behalf of the Respondent on the next date, the matter shall be decided in absence of the Respondent. Today, no one appears for the Respondent. I proceed to decide the matter.

2.

The instant petition is filed by the wife for transfer of the suit for divorce, being Civil Suit (HMA) No.12A of 2016 filed by the husband in the Court of District Judge, Baloda Bazar to the Court of District Judge, Janjgir-Champa.

3.

The grounds urged for the transfer are that the Petitioner is a lady, living with her old parents in the District of Janjgir-Champa and she has to look after her 21⁄2 years' old child.

4.

Having considered the facts and circumstances of the case and the

grounds urged, I am of the view that the transfer petition deserves to be allowed.

5.

Consequently, the transfer petition is allowed. Civil Suit (HMA) No.12A of 2016 is transferred from the Court of District Judge, Baloda Bazar to the Court of District Judge, Janjgir-Champa. Sd/- (Deepak Gupta) CHIEF JUSTICE Gopal