Smt. Shradha Pandey v. Ashish Pandey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 3 of 2020 Smt. Shradha Pandey, W/o Shri Ashish Pandey, D/o Shri Santosh Pandey, aged about 24 years, Manager-Hora Transport Company, Dhamtari, R/oRudri Road, Rani Durgawati Chowk, Dhamtari, Tahsil & District- Dhamtari (C.G.) ---- Applicant

Versus

Ashish Pandey, S/o Shri Jawahar Lal Pandey, aged about 32 years, Occupation- Service, R/o B-14, Near Pt. Shivram School (Near Sagar Hospital), Bhavna Nagar, Shankar Nagar, Police Station- Civil Line, Raipur, Tahsil & District- Raipur (C.G.) ---- Non-applicant For applicant : Mr. Shivendu Pandya, Adv.

For Non-applicant : Mr. Rajkumar Pali, Adv.

Hon'ble Shri Sharad Kumar Gupta, Judge ORDER ON BOARD 01.09.2020 1.

Heard.

2.

Admit.

3.

Applicant has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer the Civil Suit No. 854/2019 pending before the Principal Judge, Family Court, Raipur (CG) (Ashish Pandey -v- Smt. Shradha Pandey) to the Judge, Family Court Dhamtari. 4.

In brief, the applicant's case is that she is legally wedded wife of nonapplicant. She is resident of Dhamtari whereas non-applicant is resident of Raipur. He has filed an application under Section 13(1) of Hindu Marriage Act, 1955 which was registered as Civil Suit No.854/2019 which is pending before the Principal Judge, Family Court, Raipur. There is no person to accompany her to attend the Court proceeding at Raipur. If she would go to attend the proceeding at Raipur her life would be in danger. 5.

In brief, non-applicant's case is that he has no objection if the said case is transferred from Raipur to Dhamtari.

6.

Looking to the above mentioned facts and circumstances of the case, the instant transfer petition is allowed. The aforesaid Civil Suit No.854/2019 is transferred from Principal Judge, Family Court Raipur to the Judge,

Family Court, Dhamtari for its trial/disposal in accordance with law and procedure.

7.

Principal Judge, Family Court, Raipur is directed to transmit the record of the aforesaid case immediately to the Judge, Family Court, Dhamtari for its disposal.

Sd/- (Sharad Kumar Gupta) Judge Parul