Research › Search › Judgment

Chhattisgarh High Court · body

2014 DIGILAW 55 (CHH)

Shiromani Singh v. Narendra

2014-02-10

SANJAY K.AGRAWAL

body2014
ORDER Sanjay K. Agrawal, J. 1. This is a petition under Section 24 of the Code of Civil Procedure, 1908 (in short 'CPC') seeking transfer of Case No. 10-A/2013 (Narendra v. Smt. Shiromani Singh), pending in the Court of Family Court Kawardha to the Court of Family Court Family Court, Korba. The facts in nutshell, necessary for adjudication of this petition are as under: 1.1 The marriage of Smt. Shiromani Singh applicant herein was solemnized with the non-applicant Narendra, and out of their wedlock, there is a female child aged about 3 years. In the meanwhile, during the subsistence of the marriage, the dispute arose between the parties. Thereafter, on 26/4/2013, the respondent/non-applicant has filed an application under Section 13 of the Hindu Marriage Act, 1955 for dissolution of the marriage before the Family Court, Kawardha, in which, notice has been received by the applicant herein the said proceeding. 1.2 Upon receipt of the notice from the Family Court, Kawardha, she has entered into appearance before the Family Court, Kawardha on 11.9.2013. Now, she has filed the instant petition before this Court stating inter alia that presently she is residing with her parents and daughter, aged about 3 years, at Hardi Bazar, Korba. She has no independent source of income and fully dependent on her parents, therefore, Case No. 10-A/2013 pending before the file of Family Court, Kawardha be transferred to the file of Family Court, Korba for hearing and disposal in accordance with law. 2. Mr. Vijay Kumar Mishra, learned counsel appearing for the applicant would submit that applicant/wife along with her 3 years aged daughter is residing with her parents at Hardi Bazar, Korba. The distance between Hardi Bazar, Korba to the Family Court Kawardha, where matrimonial suit has been instituted by respondent/husband is 200 kms., and there is no direct bus connectivity between Hardi Bazar to Kawardha and in order to reach the Family Court, Kawardha, she will be required to change the bus. She has no attendant, as her elder brother working outside Korba and his younger brother is studying in school in Class-12th and he is on a way to 12th examination, therefore, she is unable to attend the Court proceeding at Family Court, Kawardha. Therefore, application for divorce pending in the file of Family Court, Kawardha be transferred to the file of Family Court, Korba. 3. Replying the contention so raised, Mr. Therefore, application for divorce pending in the file of Family Court, Kawardha be transferred to the file of Family Court, Korba. 3. Replying the contention so raised, Mr. Anumesh Shrivastava, learned counsel appearing for the respondent/husband would submit that respondent/husband is ready and willing to undertake traveling/boarding expenses of the applicant/wife. He would further submit that there is threat to his life, if he is required to attend the Court proceeding in the Family Court, Korba, therefore, the transfer petition deserves to be rejected. 4. I have heard learned counsel for the parties and considered the rival submission and have perused the memo of petition and other papers. 5. Admittedly, the distance between Hardi Bazar, Korba, where the applicant/wife is residing with her parents and daughter, to the Family Court, Kawardha is about 200 kms. It is stated at bar that there is no direct bus connectivity to reach Kawardha and it will take 5 hours to reach Kawardha and will be required to change bus to reach there, whereas the respondent/husband-Narendra is a Project Officer at Janpad Panchayat, Lohara. He is Class-II Govt. Officer and he will have no difficulty in attending the Court proceeding at Family Court, Korba. Nothing has been bought on record to show that there is threat to his life, if he will attend the proceedings at Family Court, Korba. Till this date, nothing has been brought on record to support the plea so taken orally, no affidavit has been filed to that effect. Thus, it cannot be concluded that there is threat to the life of respondent/husband. 6. It is well settled law that the convenience of wife is relevant factor in considering the application for transfer of matrimonial case. In case of Amita Shah v. Virendra Lal Shah, (2003) 10 SCC 609 , the Supreme Court has held as under: 1. This is a transfer petition by the wife. She seeks the transfer of the divorce petition filed against her by her husband from the District Court, Delhi to the District Court, Chamoli. It is the case of the petitioner that she works as a teacher in Chamoli and that the three-year-old child of the marriage is residing with her. The distance between Chamoli and Delhi requires 13 to 14 hours and there is no one to accompany her. Also, that there is no place where she could stay in Delhi. It is the case of the petitioner that she works as a teacher in Chamoli and that the three-year-old child of the marriage is residing with her. The distance between Chamoli and Delhi requires 13 to 14 hours and there is no one to accompany her. Also, that there is no place where she could stay in Delhi. The defence is that the transfer should be effected not to Chamoli but to some place in between, such as Nainital or Almora. The Divorce petition has been filed by the husband. He has chosen to file it at Delhi where he is presently residing. The convenience of the wife and, more particularly the minor child of the marriage must be taken into account. We think that, in these circumstances, the transfer petition must be made absolute. 7. In case of Simi Mehrotra v. Anil Mehrotra, (2002) 10 SCC 70 , the Supreme Court has held as under: 2. This is a transfer petition by the wife. She seeks transfer of Case No. HMA105 of 2001 titled Anil Mehrotra v. Simi Mehrotra, filed by the respondent husband for dissolution of marriage, which is pending before the District Court, Delhi. She states that she is living with her aged parents and there is no one else to accompany her so it is not possible for her to travel from Allahabad on each date of hearing to attend the Court in Delhi. The fact that the petitioner is residing in Allahabad with her aged parents is not disputed by the respondent. 8. Thus, having ascertained the legal position, as aforestated and keeping in view the law laid down in aforesaid cases, and particularly, keeping in view that distance between Hardi Bazar to Kawardha is 200 kms. And there is no direct bus connectivity and she has no male member to accompany Her, as she is having 3 years old daughter, instant transfer petition deserves and is hereby allowed. It is directed that Case No. 10-A/2013 (Narendra v. Smt. Shiromani Singh) filed for divorce under Section 13 of the Hindu Marriage Act, 1955 by respondent/husband before the Family Court, Kawardha is hereby withdrawn from the said Court and same is transferred to the file of Family Court Korba, for hearing and disposal in accordance with law. Parties shall appear before the Family Court, Korba on 10th of March, 2014.