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High Court Of ChhattisgarhTPC/66/2016allowed

Smt. Monali Sharma @ Mona Sharma v. Shailendra Kumar Sharma

2017-01-19Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 66 of 2016 • Smt. Monali Sharma @ Mona Sharma W/o Shri Shailendra Kumar Sharma, Aged About 31 Years D/o Har Narayan Sharma, R/o Kamasi Para, Near Jhabak Bada, Raipur, District Raipur, Chhattisgarh ............... (Non-Applicant) ---- Petitioner

Versus

• Shailendra Kumar Sharma S/o Shri Kishore Kumar Sharma, Aged About 32 Years R/o Qr.No. H-33, Block Colony, Dantewada, Tahsil & District Dantewada, Chhattisgarh, 494449 ...............(Applicant) ---- Respondent For Petitioner :

Shri Syed Majid Ali, Advocate For Respondent :

Shri Shrawan Agrawal, Advocate Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 19/01/2017 1.

Perused the matter.

2.

On due consideration, I.A.No.2/2016 for taking document on record is allowed. The document annexed along with the said interim application is taken on record, if otherwise admissible in evidence. 3.

Heard learned counsel for the parties.

4.

By this order, Transfer Petition (Civil) filed by the petitioner is seeking transfer of Civil Case No. 13-A/2016 pending before the Additional District Judge (Fast Track Court), South Bastar, Dantewada, District Dantewada to the Family Court Raipur (CG).

5.

On due consideration, without commenting anything on its merits and pros and cons of the case, it would be appropriate to transfer the said Civil Case No. 13-A/2016 (Shailendra Kumar Sharma Vs. Smt. Monali Sharma) pending before

the Additional District Judge (Fast Track Court), South Bastar Dantewada, District Dantewada under Section 13 (1) of the Hindu Marriage Act, 1955, same is withdrawn and stands transferred to the Court of District Judge, North Bastar, Kanker (CG) for its trial/disposal in accordance with law. 6.

The Additional District Judge (Fast Track Court), South Bastar Dantewada is hereby directed to transmit immediately the concerned record towards the Court of District Judge, North Bastar, Kanker, who may hear the matter of his own or may transfer the same for trial/disposal in accordance with law to any of the subordinate competent to try the matter.

7.

To this extent the petition is allowed.

8.

No order as to cost. Sd/ (Chandra Bhushan Bajpai) Judge sunita