NEELAM DIWAN Vs. PRASHANT DIWAN

JUDGEMENT

(1.) This is a petition under Sec. 24 of the Code of Civil Procedure, 1908 (in short 'CPC') filed by the petitioner-wife seeking transfer of H.M.A. No. 15A/2020 (Prashant Diwan Vs. Smt. Neelam Diwan), pending before learned Family Court, Baloda Bazar, District- Baloda Bazar (C.G.) to Family Court, Durg (C.G.).

(2.) As per facts mentioned in the transfer petition, marriage between the petitioner and respondent was solemnized on 9/7/2016 at Godri Dham Mandir Bajrang Ward Bhatapara according to Hindu customs out of their wedlock, a child was born on 1/1/2018. After marriage, the petitioner was residing with the respondent in her matrimonial house where the respondent and his family members started harassing the petitioner and she left her matrimonial house and is now residing with her parents at Durg. The petitioner has filed the instant transfer petition before this Court stating inter alia that presently she is residing at Durg (C.G.) and facing great difficulties to attend the proceedings before the learned Family Court, Baloda Bazar (C.G.) which is near about 100 Km away from Durg (C.G.). Therefore, H.M.A. No. 15A/2020 (Prashant Diwan Vs. Smt. Neelam Diwan) pending before the learned Family Court, Baloda Bazar (C.G.) be transferred to Family Court, Durg (C.G.) for hearing and disposal in accordance with law.

(3.) Shri A.D. Kuldeep, learned counsel for the petitioner submits that the petitioner/wife is residing at Durg (C.G.) and is facing great difficulties to attend the proceedings at learned Family Court, Baloda Bazar (C.G.) as the distance between learned Family Court, Baloda Bazar (C.G.), where the matrimonial suit has been instituted by respondent/husband and the Family Court, Durg (C.G.) is about 100 KM. He further submits that the petitioner has no any source of income and is facing great financial difficulty in managing her child due to non-availability of any compensation and maintenance amount and she is having minor child and Baloda-bazar is about 100 km away from Durg and there is no rail connectivity between Durg and Baloda-bazar. It is very difficult for her to travel all alone with her child for such a long distance. It is a settled position of law that the convenience of wife is relevant factor over the convenience of the husband, therefore, H.M.A. No. 15A/2020, pending in the Court of learned Family Court, Baloda Bazar (C.G.) be transferred to the Court of Family Court, Durg (C.G.). He next added that the petitioner is facing difficulties in attending the proceedings before the Family Court, Baloda Bazar and if she will not appear on the date fixed by the family court then ex-parte proceeding would be initiated against her and therefore, further proceedings may be stayed till the final decision of the case, in the interest of justice.