Smt. Pramila Sahu v. Bholaram Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 70 of 2019 • Smt. Pramila Sahu W/o Shri Bholaram Sahu Aged About 27 Years C/o Shri Ram Sahu, R/o Bajrang Chowk, Supela Bhilai, Ward No. 5, Tahsil And District Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• Bholaram Sahu S/o Shri Samaliya Sahu Aged About 33 Years R/o Village Khapri Khurd, Tahsil And District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Non-applicant For applicant : Shri Aman Yadav on behalf of Shri B.P. Singh, Adv. For Non-applicant : Ms. Laxmeen Kashyap, Adv.

Hon'ble Shri Sharad Kumar Gupta, Judge ORDER ON BOARD 20.11.2019

1. Heard on admission.

2. The petition is admitted for hearing.

3. With the consent of both the parties, the matter is heard finally.

4. Applicant has preferred this TPC under Section 24 of the Civil Procedure Code, 1908 (in short 'CPC') for transfer of Case No. 186A/2018 (Bholaram Sahu -v- Smt. Pramila Sahu) pending before the Family Court, Rajnandgaon (CG) to Durg district.

5. In brief, the applicant's case is that she is legally wedded wife of the non-applicant. She resides at Supela Bhilai District Durg whereas nonapplicant resides at village Khaprikhurd, Tehsil and District Rajnandgaon. He has moved application under Section 13 of the Hindu Marriage Act before the Family Court, Rajnandgaon which is pending. She has also filed application under Section 125 of the Cr.P.C. which is pending before the Principle Judge, Family Court, Durg. She has no source of income. Her father is ill. No other male member is there in the family. It is difficult for her to attend proceedings at Rajnandgaon.

6. Counsel for the non applicant submitted that distance between Supela and Rajnandgaon is 40 Km.

7. Rajnandgaon is 40 km away from Supela Bhilai. Supela is well

connected with Rajnandgaon by train as well as by bus and taxi.

8. In the case in hand, there is no situation that applicant is bound to appear on each and every date of the proceedings of the Family Court, Rajnandgaon.

9.

If applicant has no source of income then she can move appropriate application for getting the traveling expenses before the concerned Family Court. Thus, the financial crisis is not a sufficient ground for the applicant to get the case transferred. Even if there is no other male member in the family, she can travel to Rajnandgaon by herself as it is a short distance.

10.Looking to the above mentioned facts and circumstances of the case, this Court finds that instant transfer petition deserves to be and is hereby dismissed.

11.No order as to costs.

Sd/- (Sharad Kumar Gupta) Judge kishore