High Court Of ChhattisgarhTPC/27/2018allowed

Smt. Anjana Dhirhe v. Mitendra Kumar Dhirhe

2018-10-03Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 27 of 2018 • Smt. Anjana Dhirhe W/o Shri Mitendra Dhirhe Aged About 26 Years D/o Shri Kanhaiya Lal Banjare, R/o Village At Present House No. G-13, Irrigation Colony, Kelo Project, Lachan Nagar, Raigarh, District Raigarh, Civil And Revenue District Raigarh, Chhattisgarh ---- Petitioner

Versus

• Mitendra Kumar Dhirhe S/o Shri Leeladas Dhirhe Aged About 40 Years R/o Village Darba, P.S. Mandir Hasod, Tahsil Arang, District Raipur, Chhattisgarh ---- Respondent For Petitioner :

Shri Manoj Kumar Sinha, Advocate For Respondent :

Shri C.P. Lahre, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/10/2018

1. Heard.

2. The present petition has been filed for transfer of a matrimonial case bearing No.548/2017 pending before the Family Court, Raipur to the Family Court, Raigarh.

3. The instant petition is filed by the wife and it is pleaded on behalf of the wife that a divorce petition has been filed by the husband at Family Court, Raipur, which is almost more than 250 km away from the place of resident of the petitioner and the petitioner has not been granted any maintenance till date and it is extremely difficult for her to travel altogether from Raigarh to Raipur and it is not

possible for her to return on the same day and there is no place where she can reside whereas in respect of the husband there would be no irreparable injury and it would be convenient for the wife to prosecute her right before the Family Court, Raigarh, therefore, the case may be transferred to the Family Court, Raigarh.

4. Learned counsel for the respondent opposes the arguments.

5. Perused the documents and the order-sheets of the different courts. It appears that till date no maintenance has been granted to the wife/petitioner. It has not been disputed by the parties that the petitioner/wife is now resident of Raigarh which is about 250 KM away from the Raipur. Taking into such fact and the convenience of the wife and also that no prejudice would be caused to the husband if the case is transferred to Raigarh, the case bearing No.548/2017 (Mitendra Kumar Dhirhe Vs. Smt. Anjana Dhirhe) pending before the Family Court, Raipur is directed to be transferred to the Family Court, Raigarh. The parties shall appear before the Family Court, Raigarh on 14th November, 2018.

6. With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu