Smt. Kanchan Bairagi v. Manish Menon

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR T.P.(C) No. 9 of 2017 Smt. Kanchan Bairagi, W/o Dilip Manish Menon, Aged about 31 years, R/o Darbari Tola Jashpur Nagar, Dist.- Jashpur (C.G.) ---- Petitioner

Versus

Manish Menon, S/o Shri R. C. Menon, Aged about 41 years, R/o OccupationService, R/o of Gandhinagar, Ambikapur, Chhattisgarh. ---- Respondent _____________________________________________________________________ For Petitioner:

Smt. Binu Sharma, Advocate.

For Respondent:

Shri Abhyuday Singh, Advocate appears on behalf of Shri Amrito Das, Advocate.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 24.07.2018 1.

This transfer petition has been filed by the petitioner/wide under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Civil Suit No. 18A/2016 pending before the Family Court, Ambikapur to Family Court Jashpur. 2.

It is submitted in the petition that the marriage between the parties was solemnised on 26.10.2004 in Arya Samaj Mandir and out of their wedlock two children were born. It is alleged that during the subsistence of marriage dispute arose between the parties as the respondent/husband is a big drunkard and used to torture the petitioner/wife physically and mentally under the influence of alcohal. It is alleged further that the respondent/husband does not take care of the petitioner/wife and even the basic amenities were not provided to her. As a consequence of it, the appellant is facing physical and mental cruelty from her husband/respondent. It is alleged further that on 29.06.2014 due to some quarrel the petitioner along with her children were

driven out from her matrimonial house and thereafter they came to Jashpur. It is alleged further by the petitioner that the respondent has threatened her for dire consequence and because of that it is not possible to attend the Court at Family Court, Ambikapur. Based upon these averments, an application has been made seeking transfer of the said matrimonial case from Family Court, Ambikapur to Family Court, Jashpur.

3.

On the other hand, Shri Abhyuday Singh, counsel for the respondent, denied all the aforesaid allegations and stated that the distance between Ambikapur and Jashpur is not more than 140 Kilometers and the allegations as made by the petitioner is baseless and therefore, the petitioner as framed seeking transfer of the said matter from Family court, Ambikapur to Family Court, Jashpur deserves to be rejected.

4.

I have heard learned counsel for the parties and perused the entire relevant papers annxed with this petition.

5.

Perusal of the record would show that the petition for divorce enumerated under Section 13(1) of the Hindu Marriage Act, 1955 has been made by the respondent on 27.01.2016 on the ground of cruelty and desertion. Upon receiving summons of the said matrimonial matter, the wife appeared and the matter was adjourned from time to time. After passing of more than a year, an application for transfer of the said matter has been made on 24.01.2017 on the grounds as mentioned hereinabove. However, I do not find any legal ground therein and the grounds so urged is not sufficient so as to direct for transferring the said matter as claimed by the petitioner/wife. The petition is accordingly dismissed. No order as to costs. Sd/- (Sanjay Agrawal) JUDGE Nikita