Smt. Purnima Bani v. Vinod Bani

HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 42 of 2018 Smt. Purnima Bani W/o Vinod Bani Aged About 26 Years D/o Ramlakhan Gupta, R/o Sadar Road, Jaistambh Chowk, Ambikapur, P.S. And Tahsil Ambikapur, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh --- Petitioner

Versus

Vinod Bani S/o Salik Ram Bani Aged About 28 Years Caste Baniya, Occupation Private Job, R/o Village Indiara Nagar, Ward No.1, Lailunga, Tahsil And P.S. Lailunga, District Raigarh, Presently R/o Bajinpali, Mahrapara, Raigarh, Tahsil And District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh. ---- Respondent For the Petitioner : Mr. C. Jayant K. Rao, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 11.09.2018

1. No representation is made on behalf of the respondent/ husband despite service of notice.

2. The present petition is by the wife for transfer of matrimonial case from Family Court of Raigarh to the Family Court of Ambikapur.

3. It is contended on behalf of the applicant wife that she is working as labour and the case has been filed by the husband at Raigarh. He further submits that it is extremely difficult for her to travel from Ambikapur to Raigarh and she has no sufficient means to bear the expenses whereas the husband is working in private organization and the balance of convenience lies in favour of the wife and no irreparable loss would be caused to the husband if the case is transferred to the court at Ambikapur.

4. No representation is made despite service of notice to the husband.

5. Perused the document. Along-with the petition, application for grant of stay has been filed. Copy of the divorce petition has also been enclosed which shows that the wife has been shown as a labourer in the cause title itself. Taking into consideration the fact that no prejudice would be caused to the husband if the case is transferred to the family court Ambikapur and further considering the convenience of the wife, it is directed that Civil Suit No.15-A/2018 (Vinod Bani v. Smt. Purnima Bani) pending before the Family Court Raigarh shall stand transferred to the Family Court of Ambikapur. The parties shall appear before the family Court Ambikapur. In case any eventuality arises, notice may also be issued to the respective parties.

6. With the above observation, this petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o