Smt. Versha Singh v. Prince Singh

AFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 74 of 2019 Smt. Versha Singh W/o Shri Prince Singh Aged About 28 Years R/o Jarhabhata Sindhi Colony, Bilaspur, Tahsil And District Bilaspur CG ---- Applicant

Versus

Prince Singh S/o Shri Nirmal Singh Aged About 37 Years R/o Sada Colony, Near Manoranjan Grih, Behind Of Niharika Talkies, Korba, Tahsil and District Korba CG ---- Non-applicant For applicant : Shri Sourabh Sharma, Adv.

For Non-applicant : Shri Sanjay Patel, Adv.

Hon'ble Shri Sharad Kumar Gupta, Judge ORAL ORDER 20-11-2019 1.

Applicant has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Case No. 43-A/2019 pending before the Family Court, Korba (CG) (Prince Singh -v- Versha Singh and anr.) to the Family Court, Bilaspur.

2.

In brief, the applicant's case is that she is legally wedded wife of nonapplicant. She is a resident of Bilaspur whereas he is a resident of Korba. She has filed an application under Section 127 of Cr.P.C. before Family Court, Bilaspur which is still pending. He has also filed an application under Section 9 of the Hindu Marriage Act which is pending before the Family Court, Korba. She is unable to bear journey expenses for Korba. She has to look after her son aged 6 years. She feels difficulty to travel from Bilaspur to Korba.

3.

Counsel for the non-applicant argued that no cogent reasons are shown for transfer of the said case. His mother is suffering from ulcer . 4.

From Bilaspur to Korba, distance in train route is 89 km and by road, it is 93 km.

5.

It cannot be said that applicant cannot leave her son at Bilaspur in a particular date and she cannot travel along with his son in such short journey from Bilaspur to Korba on a particular date.

6.

Applicant may move an application for getting travelling expenses before the concerned Family Court. Thus, allegedly suffering from financial crises by her is not a sufficient ground to transfer of the case. 7.

Looking to the above mentioned facts and circumstances of the case, this Court finds that in the case in hand, there is no material inconvenience to applicant in going to Korba for attending the proceedings. 8.

Consequently, the instant transfer petition deserves to be and is hereby dismissed.

9.

No order as to costs.

Sd/- (Sharad Kumar Gupta) Judge Pathak