RANU MISHRA Vs. ABHISHEK MSHRA

JUDGEMENT

(1.) By this order Transfer Petition (Civil) filed by the petitioner seeking transfer of Civil Suit No. 433-A/14 (new No. 204-A/14) (Abhishek Mishra Vs. Smt. Ranu Mishra) pending in the Court of First Additional Principal Judge, Family Court, Durg, C.G. to the Court of Principal Judge, Family Court Bilaspur, C.G. is being disposed of. As per facts of the transfer petition, the petitioner and respondents married on 11-12-2008. Out of this wedlock, a female child born on 31-01-2012. The respondent filed the instant suit under Section 13 of the Hindu Marriage Act for seeking divorce on 28-7-2014 which is presently pending in the Court of First Additional Principal Judge, Family Court, Durg in which on 04-9-2014 as the petitioner was unable to attend the proceeding before the Court below, the Court below proceeded to order ex-parte against the petitioner and the case was fixed for ex-parte evidence of respondent. Meanwhile, the petitioner filed an application under order 9 Rule 7 of the CPC which is presently pending in the said suit for its reply. The petitioner had taken the ground for the transfer of above mentioned Civil Suit on the ground that she is a Shiksha Karmi, a Govt. servant posted about 400 kms. away from Durg; to appear in the Court costs a lot of time, money and physical harassment; she has to take leave for the period; she is also having one minor child; there is no place at Durg to reside temporarily. The petitioner further prayed that the case be transferred to the Court of Principal Judge, Family Court, Bilaspur, C.G.; there is ample conveyance between Durg to Bilaspur and the distance is within 200 kms., hence, she prayed that the present case (Abhishek Mishra v. Smt. Ranu Mishra) be transferred from the court abovementioned to the Family Court, Bilaspur.

(2.) Learned counsel for the respondent filed his power and submitted that he is ready to argue the case finally.

(3.) With due consent of both the parties, the case is heard finally.