POOJA OGARE Vs. SURAJ OGARE

JUDGEMENT

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

(2.) Facts of the case are that marriage of the petitioner and the respondent solemnized on 12/6/2015 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 Sec. 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 Sec. 13 of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Raipur, Chhattisgarh.

(3.) 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 Sec. 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.