KAVITA NATH Vs. ARUN KUMAR BENARGI

JUDGEMENT

(1.) BY way of this transfer petition, the petitioner seeks transfer of Civil Suit No. 55-A/09 pending before the Family Court, Durg, to Family Court, Sagar (Madhya Pradesh).

(2.) SHRI Alok Dewangan, learned counsel appearing for the respondent has raised a preliminary objection regarding maintainability of this petition before this court. He would submit that this court is devoid of the power to transfer a case pending in a court subordinate to it to a court subordinate to another High Court in view of specific provisions contained in Section 25 of the Code of Civil Procedure, 1908 (for short 'CPC'). He would further submit that Section 23 (3) must be read subject to Section 25 of CPC.

(3.) IN view of above settled position of law, in the considered opinion of this court, the instant petition is not maintainable. The same deserves to be and is hereby dismissed. However, the petitioner is free to pursue her remedy in the Supreme Court. No order asto costs.