Smt. Isha Moitra v. Sankit Patel

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (Civil) No.43 of 2016 Smt. Isha Moitra W/o Sankit Patel, Aged About 27 Years R/o Champa At Present Resident Of Naresh Provision Stores, Anand Nitetan, Awanti Vihar, Quarter No.4, Shankar Nagar, Raipur, District- Raipur, Chhattisgarh ---- Petitioner

Versus

Sankit Patel S/o Shri Ajeet Bhai Patel, Aged About 28 Years R/o Champa, Near Gurudwara, Barpali Chowk, Champa, Police Station- Champa, District Janjgir-Champa, Chhattisgarh ---- Respondent For Petitioner :

Shri D.N. Prajapati, Advocate.

For Respondent :

None.

Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 19/08/2016 1.

This transfer petition has been filed by the wife for transfer of Case No. 110-A of 2015 (Sankit Patel v. Smt. Isha Moitra) pending in the Family Court, Janjgir-Champa to the Court of Principal Judge, Family Court, Raipur. 2.

The wife has filed a petition under Section 125 Cr.P.C. which is pending in the Family Court at Raipur. It appears that on the same date the husband has also file a petition for restitution of conjugal rights before the Family Judge, Janjgir-Champa. The husband has to attend the proceedings at Raipur.Therefore, in the interest of justice, Case No. 110-A of 2015 (Sankit Patel v. Smt. Isha Moitra) pending in the Family Court, Janjgir-Champa be

transferred to the Court of Principal Judge, Family Court, Raipur. 3.

It is however ordered that the Family Court will ensure that the same date is given in both the cases so that the husband would not suffer unnecessary burden.

4.

The transfer petition stands disposed of.

Sd/- (Deepak Gupta) Chief Justice Anu