Smt. Sneha Lajras v. Anish Lajras

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 67 of 2019 • Smt. Sneha Lajras W/o Anish Lajrash Aged About 31 Years D/o Ajay Vels, R/o Vivekanand Nagar, Balod, Tahsil And District Balod Chhattisgarh., District : Balod, Chhattisgarh ---- Applicant

Versus

• Anish Lajras S/o Late Shri D.R. Lajras Aged About 33 Years R/o Vidyut Nagar, Plot No. 28-A, Durg, Police Station, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Non-applicant For applicant : Shri B.P. Singh and Shri Shikhar Bakhtiyar, Adv. For Non-applicant : Shri H.B. Agrawal, Sr. Adv with Shri Pankaj Agrawal, Adv. Hon'ble Shri Sharad Kumar Gupta, Judge ORDER ON BOARD 22.09.2020

1. Applicant has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (in short 'CPC') for transfer of Civil Suit No. 243/2019 (Anish Lajras -v- Sneha Lajras) from First Additional Principal Judge, Family Court, Durg to Family Court, Balod.

2. In brief, the applicant's case is that she is legally wedded wife of the non-applicant. She resides at Balod whereas he is resident of Durg. He has filed an application under Section 10 of the Indian Divorce Act which is pending before the First Additional Principal Judge, Family Court Durg. She has also filed an application under Section 32 of the Indian Divorce Act which is pending before the Family Court, Balod. She is facing great difficulty in attending the case at Family Court, Durg. Old parents are dependent upon her. Now a days there is no direct bus service from Balod to Durg and vice versa. Her convenience be looked into.

3. Counsel for the non applicant submitted that distance between Balod and Durg is near about 40-50 Km. Both the places are well connected by bus and taxi.

4. There is no such material available on record on the strength of which it can be said that no other person in the family is available to take care of her parents. Balod is about 60 km away from Durg. Balod is well

connected with Durg by road services.

5. Prima facie it does not appear that material inconvenience would be caused to applicant if she will go to attend the Court proceedings at Durg.

6. Looking to the above mentioned facts and circumstances of the case, this Court finds that the applicant failed to show cogent reasons for transfer of the aforesaid case.

7. Accordingly, the instant transfer petition is rejected. Consequently, I.A. No. 1/2019 also stands rejected.

8. No order as to costs.

Sd/- (Sharad Kumar Gupta) Judge kishore