Gurjeet Kour @ Rinki, vs Baljeet Singh @ Vikki

This transfer petition has been filed by the Petitioner/wife under Section 24 of the Code of Civil Procedure, 1908 for transferring Civil Suit No. 216/2021 pending before the Court of learned IInd Additional Principal Judge, Family Court Raipur (C.G.) to the Court of learned Principal Judge, Family Court Bilaspur, District Bilaspur(C.G.).

Facts of the case are that marriage of the petitioner and the respondent was solemnized on 28.01.2001. Out of their wedlock, a child has been born. After some time of their marriage, a dispute took place between them and the petitioner started residing in her parental house at District Bilaspur (C.G.) with her old aged mother. As she is unable to maintain herself, therefore, she has moved an application under Section 125 of Cr.P.C. for grant of maintenance before the Family Court Bilaspur, thereafter, Respondent/husband filed an application under Section 13 of the Hindu Marriage Act before the Family Court Raipur (C.G.).

Learned Counsel for the petitioner submits that the petitioner is a lady and resident of Bilaspur (C.G.) which is 120 Kms. away from Bilaspur and the petitioner is fully dependent upon her old aged mother. It is difficult for her to attend the proceedings before the Family Court Raipur, therefore, it is prayed that the case filed by the respondent/husband which is pending before the learned IInd Additional Principal Judge, Family Court Raipur (C.G.) may be transferred to the Court of learned Principal Judge, Family Court Bilaspur, District Bilaspur(C.G.).

I have heard learned counsel appearing for the petitioner and perused the entire material available on record with utmost circumspection.

Considering the facts and circumstances of the case, further considering the fact that the Petitioner is a lady, having a child and residing with her old aged mother at District Bilaspur(C.G.) which is 120 kms. far from District: Raipur (C.G.). Further, firstly the Petitioner/wife moved an application for grant of maintenance before Family Court Bilaspur thereafter the Respondent/husband filed an application for taking divorce in Family Court Raipur (C.G.). Looking to the above facts, I am inclined to transfer the Civil Suit filed by the Respondent/husband which is pending before the Court of learned IInd Additional Principal Judge, Family Court Raipur (C.G.) to the Court of learned Principal Judge, Family Court Bilaspur, District Bilaspur(C.G.).

Accordingly, the instant transfer petition is allowed. Civil Suit No.216/2021 which is pending before the Court of learned IInd Additional Principal Judge, Family Court Raipur (C.G.) is directed to be transferred to the Court of learned Principal Judge, Family Court Bilaspur, District Bilaspur (C.G.) with immediate effect.

Both the parties are directed to remain present before the Court of learned Principal Judge, Family Court Bilaspur, District Bilaspur (C.G.) on 04.07.2022 for further proceedings.

A copy of this order be sent to the Courts of learned IInd Additional Principal Judge, Family Court Raipur (C.G.) and learned Principal Judge, Family Court Bilaspur, District Bilaspur (C.G.) forthwith for information and necessary compliance.