Mayavati v. Virendra Chelse

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 35 of 2019 Mayavati, W/o- Virendra Chelse, Aged about - 24 years, R/o- Village Koliyari Kanpa, Post- Palansari, Tahsil Pandaria, At Present R/oVillage Bordehi, Tahsil- Nawagarh, Post- Badnara, District- Bemetara (C.G.) ---- Petitioner

Versus

Virendra Chelse, S/o- Rajju Kumar, Aged about- 32 years, R/o- Village Koliyari Kanpa, Post- Palansari, Tahsil- Pandaria, District- Kabirdham (C.G.) ---- Respondent For Petitioner : Mr. Vipin Singh, Advocate For respondent : Mr. S. K. Sahu, Advocate Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 03.07.2019

1. This is wife's petition for transfer of Hindu marriage case filed under Section 13 (1) (A) of Hindu Marriage Act, 1955 by the respondent/husband before the Family Court, Kabirdham (Kawardha) to Family Court, Bemetara,.

2. As per version of the petitioner, she has no source of income and is unable to bear expenses for attending the proceedings before the Family Court, Kabirdham.

3. Learned counsel for the respondent submit that he will also face inconvenience if case is transferred to the Court at Bemetara.

4. In the matter of Rajani Kishor Pardeshi Vs Kishor Babulal Pardeshi reported in (2005) 12 Supreme Court

Cases-237. It is held that in such case inconvenience of the wife is to be preferred over the convenience of the husband.

5. Accordingly, Civil Suit No. 33-A of 2018, pending between the parties before the Family Court, Kabirdham is transferred to the Family Court, Bemetara with immediate effect.

6. Accordingly, the Transfer Petition is allowed. Sd/- (Ram Prasanna Sharma) JUDGE N.Mohle