Dr. Chouleshwar Chandrakar v. Smt. Seema Chandrakar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (C) No.68 of 2015 Dr. Chouleshwar Chandrakar S/o Shri Bharat Lal Chandrakar aged about 39 years R/o Kachana Saddu Raipur District Raipur Permanent R/o Village Sarhar P.S. Baradwar District Janjgir-Champa Chhattisgarh ---- Petitioner

Versus

Smt. Seema Chandrakar W/o Dr. Chouleshwar Chandrakar aged about 30 years presently working as Civil Judge Class-II Dalli Rajhara District Balod Chhattisgarh ---- Respondent For Petitioner : Shri Satish Chandra Verma, Advocate.

For Respondent : Shri M.D. Sharma, Advocate.

Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 24/06/2016 1.

The petitioner husband by means of this petition submits that number of cases are pending between them, numbered as (i) Case No.154 of 2014 (ii) Case No.54-A of 2014 (iii) Case No. 1832 of 2015. He has prayed that all the cases be transferred to one Court.

2.

The husband filed a petition under Section 9 of the Hindu Marriage Act as Case No.154 of 2014 pending in the Court of Chief Family Court, Raipur. The wife filed a petition for divorce numbered as Case No. 54-A of 2012 under Section 13(i) (ia) of the Hindu Marriage Act pending in the Court of Family Court, JanjgirChampa. The wife has also filed as petition as Case No. 1832 of 2015 under Section 12 of the Domestic Violence Act pending in the Court of Judicial Magistrate First Class, Raigarh.

3.

Learned Counsel for both the parties have agreed that all the cases may be sent to one station. Though the husband wants the cases to be transferred to

Raipur but Learned Counsel for wife has objection to the same and submits that the case be transferred to Bilaspur.

4.

It is not in dispute that the Petitioner-husband is actually serving as Professor in a private college at Bilaspur itself. Therefore, in the interest of justice, Case No.154 of 2014 and Case No.54-A of 2014 are transferred to the Family Court, Bilaspur and Case No. 1832 of 2015 be transferred to the Court of any Judicial Magistrate First Class, at Bilaspur. 5.

Both the parties are directed to appear before the Family Court, Bilaspur on 23.7.2016. They shall also appear before the Chief Judicial Magistrate, Bilaspur on the same date. The Chief Judicial Magistrate shall fix a date for their appearance in the Court of the Magistrate to which the case is assigned by the Chief Judicial Magistrate.

6.

The transfer petition accordingly stands disposed of. Sd/- (Deepak Gupta) CHIEF JUSTICE Anu