SARITA RANGARE Vs. SATISH RANGARE

JUDGEMENT

(1.) THE question to be considered and decided in this transfer petition is whether in exercise of jurisdiction under Section 24 of the Code of Civil Procedure, 1908 (in short 'CPC') the application for divorce filed by the husband at a later point of time can be transferred to the Court where the application for conjugal rights filed by wife at an early point of time is pending consideration for joint and consolidated trial? This is a transfer petition under Section 24 of the CPC seeking transfer of Case No. 89 -A/2013 (Satish Kumar Rangare v. Smt. Sarita Gajmiye (Rangare), pending in the Court of Principal Judge, Family Court, Dhamtari to the Court of Principal Judge, Family Court, Durg.

(2.) THE facts in nutshell, necessary for adjudication of this petition are as under:

(3.) REPLYING the contention so raised, Mr. Anup Majumdar, learned counsel appearing for the non -applicant/husband would submit that non -applicant/husband is physically handicapped person and there is no sufficient ground has been raised in the petition for transfer of the divorce processing, therefore, the transfer petition deserves to be rejected.