LAWS(CHH)-2022-4-21

LALITA PATEL Vs. JITENDRA PATEL

Decided On April 26, 2022
Lalita Patel Appellant
V/S
Jitendra Patel Respondents

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 Civil Suit No. 52-A/2021 (Mr. Jitendra Patel vs. Smt. Lalita Patel) under Sec. 13 of the Hindu Marriage Act, 1955 pending before the Family Court, Janjgir, District: Janjgir-Champa Chhattisgarh.

(2.) Facts of the case are that marriage of the petitioner and the respondent solemnized on 6/5/2017 at Bilaspur (C.G.). After some days of their marriage, a dispute took place between them, and after the dispute the petitioner started to reside at Bilaspur (C.G.) in her parental house. Meanwhile, the respondent/husband filed an application under Sec. 13 of the Hindu Marriage Act, before the Family Court, Janjgir, Chhattisgarh.

(3.) Counsel for the petitioner submits that the petitioner is a lady and due to the poor financial condition, she is not able to attend the proceedings at Family Court, Janjgir, which is 50 Kms away from Bilaspur. He also submits that there is also a case of domestic violence registered against respondent which is pending before learned JMFC, Janjgir registered as Criminal Case No.457 of 2018. Therefore, it is prayed that the case filed by the respondent/husband which is pending before Family Court, Janjgir-Champa, Chhattisgarh may be transferred to Family Court, Bilaspur, Chhattisgarh.