NAMRTA YADAV Vs. SANJAY YADAV

JUDGEMENT

(1.) This petition under Sec. 24 of the Code of Civil Procedure, 1908 has been preferred by the petitioner seeking transfer of divorce case bearing Civil Suit No.160-A/2021 (Sanjay Yadav vs Smt. Namrata Yadav) pending before the Family Court, Korba, District Korba to the Family Court, Raipur, District Raipur.

(2.) Brief facts of the case are that the marriage of the petitioner was solemnized with the respondent on 21/6/2014 at Raipur (C.G.) according to Hindu customs and rituals and out of their wedlock, a baby girl was born. After sometime, the petitioner wife started misbehaving with the respondent husband and his parents and always used to threaten to leave the matrimonial house, thereby she mentally harassed the respondent and his family and thereafter went to her parental house at Raipur and since then she is living there. Thereafter, the respondent filed application under Sec. 9 of the Hindu Marriage Act, 1955 before the Family Court, Korba, which was allowed and the petitioner wife was directed to live with the respondent husband, however, she is not residing with the respondent, despite all the efforts made by the respondent husband. The petitioner also filed application under Sec. 125 of CrPC, which was allowed and maintenance of Rs.7,000.00 per month was directed to be paid to the petitioner wife by the respondent husband. The petitioner also filed application under Sec. 12 of the Domestic Violence Act against the respondent husband and his family members, which is pending consideration at JMFC, Raipur. The petitioner also filed application for return of stridhan from the respondent. Both these cases are pending before the JMFC, Raipur. Thereafter, the respondent husband filed divorce petition before the Family Court, Korba, which is pending consideration. Presently, the respondent husband is residing at Korba, whereas the petitioner wife is residing at Raipur and the petitioner, being a lady, has to attend the court proceedings regularly at Korba, which is more than 200 kms from Raipur, therefore, the present petition has been filed.

(3.) Mr. Mahobia, learned counsel for the petitioner, submits that the petitioner wife is residing at Raipur (C.G.), where two more cases relating to return of streedhan and domestic violence are pending consideration, whereas the proceedings of the divorce petition are going on at Family Court, Korba, District Korba, for which the petitioner wife has to regularly go there. The distance between Raipur to Korba is more than 200 kms and the petitioner, being a lady, it is very difficult for her to travel more than 200 kms to attend the court proceedings at Family Court, Korba. He further submits that it is settled position of law that the convenience of wife is relevant factor over the convenience of the husband. Therefore, the divorce case bearing Civil Suit No.160-A/2021 pending before the Family Court, Korba may kindly be transferred to the Family Court, Raipur.