Smt. Marisa Shrivastava v. Asit Kumar Shrivastava

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 52 of 2016

1. Smt. Marisa Shrivastava D/o Laliteshwar Prasad Shrivastava, Aged About 35 Years Caste- Kayastha, Works At Government Higher Secondary School Bhagwanpur, Block- Ambikapur, District- Sarguja, (Chhattisgarh), R/o- Fudur Dihari, Mahuapa, Ambikapur, DistrictSarguja, (Chhattisgarh)

2. Shri Laliteshwar Prasad Shrivastava, Aged About 63 Years R/o- Fudur Dihari, Mahuapa, Ambikapur, District- Sarguja, (Chhattisgarh)

3. Smt. Manjurani Shrivastava, W/o Laliteshwar Prasad Shrivastava, Aged About 58 Years R/o- Fudur Dihari, Mahuapa, Ambikapur, DistrictSarguja, (Chhattisgarh),.......(Non-Applicants) ---- Petitioners

Versus

• Asit Kumar Shrivastava S/o Mahendranath Shrivastava, Aged About 40 Years Caste- Kayastha, R/o- Jindal Power Limited, Tamnar, District- Raigarh, (Chhattisgarh),......(Applicant) ---- Respondent For Petitioners.

:

Shri Jitendra Shrivastava, Advocate.

For Respondent :

Shri Sourabh Sharma, Advocate.

Hon'ble Shri Justice Pritinker Diwaker Order On Board 07/11/2016 Present petition has been filed under Section 24 of Code of Civil Procedure for transfer of Civil Suit No.07/2016 pending before Family Court, Raigarh (C.G.) to Family Court, Ambikapur, District Sarguja. 02.

Marriage of petitioner No.1 was solemnized with respondent on 09.06.2003 and out of wedlock the couple is having a male child aged about 12 years. Unfortunately, serious dispute cropped up between the husband and wife & finally mutual divorce has been granted vide order dated 14.05.2014 and presently the child is living with the petitioners. On 28.03.2016 respondent filed an application seeking custody of the child before the Family Court, Raigarh and by way of

present petition, the petitioner has sought transfer of the civil suit to the Family Court, Ambikapur on the grounds mentioned in the memo of appeal.

03.

Counsel for respondent has no objection if the said case is transferred to Family Court, Ambikapur. He, however, submits that visiting right may be given to respondent to meet his child and direction may be issued to the Family Court, Ambikapur District Surguja for early disposal of the case.

04.

Heard learned counsel for the parties and perused the material on record.

05.

Considering the facts and circumstances of the case and fair submission made by counsel for respondent the transfer petition is allowed.

06.

Consequently, Civil Suit No.07/2016, Asit Kumar Shrivastava V/s Smt. Marisa Shrivastava & Ors, pending before the Family Court, Raigarh is hereby withdrawn and transferred to Family Court, Ambikapur, District Surguja (C.G.).

07.

Parties to appear before the Family Court, Ambikapur, District Surguja on 30.11.2016.

08.

Principal Judge, Family Court, Ambikapur shall ensure early disposal of the suit, preferably within a period of six months from 30.11.2016.

09.

Respondent will have the visiting right to meet his child on 2nd and 4th Sunday of every month between 12.00 noon to 04.00 pm. Sd/- (Pritinker Diwaker) JUDGE Vijay