FALESHWARI SAHU Vs. DEVANAND SAHU

JUDGEMENT

(1.) This petition under Sec. 24 of the Code of Civil Procedure, 1908 (for short 'CPC') has been filed by the petitioner / wife praying for the following relief -

(2.) Learned counsel for the petitioner submitted that the respondent / husband has filed an application under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') seeking decree of divorce before the learned Additional District Judge, Gariyaband, District - Gariyaband, CG. The said application is registered as Civil (Matrimonial) Suit No.16-A/2022. He further submitted that the house of the father of the petitioner is at Palari, District - Mahasamund, CG and at present, the petitioner is residing with him and she is pursuing her B.Ed. Degree from Mahasamund, CG. He further submitted that the petitioner has filed an application under Sec. 125 of CrPC, 1973 (for short 'CrPC') against the respondent before the Family Court, Mahasamund and the learned Family Court had also passed final order of maintenance against respondent / husband. It is submitted that the respondent is not complying with the order passed by the Family Court and not giving any regular maintenance to the petitioner / wife. For recovery of maintenance amount, the petitioner / wife has filed execution proceeding which is at present pending before the learned Family Court at Mahasamund. Further submission of learned counsel for the petitioner / wife is that she has filed an another case under the Domestic Violence Act, 2005 against the respondent before the competent Court at Mahasamund, C.G which is also presently pending consideration. The distance between the residence of the petitioner / wife and Gariyaband is about 100 kms and there is no direct bus service to reach there and to attend the case at Gariyaband regularly. It would take about 4-5 hours to reach Gariyaband and the whole day would be spent in attending the case at Gariyaband and coming back to her place of residence.

(3.) It is next submitted that the parents of the petitioner / wife are old aged persons and they cannot accompany the petitioner to attend the case at Gariyaband and it would cause great inconvenience to the petitioner/wife being a lady to regularly attend the case filed by the respondent / husband at Gariyaband. Hence, he prayed that the application may be allowed and other relief so claimed may be granted. He placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Sumita Singh v. Kumar Sanjay and anr., 2001 (10) SCC 41 and order of this Court passed in TPC No.36/2021 (Smt. Neelam Diwan v. Prashant Diwan).