Pooja Ogare vs Suraj Ogare

This transfer petition has been filed by the wife/petitioner under Section 24 of the Code of Civil Procedure, 1908 for transferring the matrimonial proceedings of the Divorce Suit No. 383/2019 under Section 13 of the Hindu Marriage Act, 1955 pending before Principal Judge, Family Court, Raipur, to Family Court, Durg, Chhattisgarh.

Facts of the case are that marriage of the petitioner and the respondent solemnized on 12.06.2015 at Village: Khopali, District: Durg (C.G.). Out of their wed-lock one girl child was born. After some days of their marriage, a dispute took place between them, and after the dispute the petitioner started to reside at Durg (C.G.) in her maternal house. An application under Section 125 of Cr.P.C. was filed by the wife/petitioner for grant of maintenance before the Family Court, Durg. Thereafter, the respondent/husband filed an application under Section 13 of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Raipur, Chhattisgarh.

Counsel for the petitioner submits that the petitioner is a lady aged about 25 years having one girl child, and she is not able to attend the proceedings at Family Court, Raipur, which is 40 Kms away from Durg. He also submits that there is a case registered under Section 125 of Cr.P.C. against the respondent which is pending before Family Court, Durg, District: Durg, Chhattisgarh. Therefore, it is prayed that the case filed by the respondent/husband which is pending before Principal Judge, Family Court, Raipur may be transferred to Family Court, Durg, Chhattisgarh.

Learned counsel appearing for the respondent/husband opposes the application submitted by the petitioner/wife.

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

Considering the facts and circumstances of the case, considering the fact that the petitioner is a lady having one girl child aged about 5 years, and also considering the fact a case under Section 125 of Cr.P.C. registered against the respondent/husband is pending before Family Court, Durg. I am inclined to transfer the Divorce Suit No.383/2019 pending before Principal Judge, Family Court, Raipur to Family Court, Durg, Chhattisgarh.

Accordingly, the instant transfer petition is allowed. The Divorce Suit No. 383/2019 which is pending before Principal Judge, Family Court, Raipur (C.G.) is directed to be transferred to Family Court, Durg, Chhattisgarh with immediate effect.

Both the parties shall remain present before the Family Court at Durg (C.G.) on 07.07.2022 for further proceedings.

A copy of this order be sent to Principal Judge, Family Court, Raipur, Chhattisgarh and Family Court, Durg, Chhattisgarh forthwith for information and necessary compliance.