K. ANNAPURNA Vs. K. RAJSHEKHAR RAO

JUDGEMENT

(1.) This petition under Sec. 24 of the Code of Civil Procedure, 1908 has been preferred by the petitioner wife seeking transfer of Civil Suit No.885/2019 (K. Rajshekhar Rao vs K. Annapurna) pending before the Family Court, Durg, District Durg 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 28/8/2010 at Raipur (C.G.) according to Hindu customs and rituals and out of their wedlock, two children were born and after their marriage, they were residing at Bhilai. After sometime, the petitioner was subjected to mental and physical harassment for demand of dowry, therefore, she left her matrimonial house and came to her paternal house at Raipur. Thereafter, the petitioner filed a complaint before the Mahila Thana, Raipur regarding the same on 11/11/2019. Meanwhile, the respondent husband filed application under Sec. 9 of the Hindu Marriage Act before the Family Court, Durg, which was registered as Civil Suit No.885/2019. The petitioner also filed application under Sec. 125 of CrPC seeking maintenance before the Family Court, Raipur, which is pending consideration. Presently, the respondent husband is residing at Bhilai, which is nearest to Durg, whereas the petitioner wife is residing at Raipur and the petitioner, being a lady, has to attend the court proceedings regularly at Durg, which is approx 40 kms from Raipur, therefore, the present petition has been filed.

(3.) Learned counsel for the petitioner submits that the petitioner wife is residing at Raipur (C.G.), where one more case relating to maintenance filed by the petitioner against the respondent is pending consideration, whereas the proceedings of the application under Sec. 9 of the Hindu Marriage Act are going on at Family Court, Durg, District Durg, for which the petitioner wife has to attend the court proceedings along with her two children, who are very young. The distance between Raipur to Durg is approx 40 kms and the petitioner, being a lady, it is very difficult for her to travel alone along with her children, who are very young, 40 kms to attend the court proceedings at Family Court, Durg. 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 Civil Suit No.885/2019 pending before the Family Court, Durg may kindly be transferred to the Family Court, Raipur.