JASWINDER KAUR Vs. GURVINDER SINGH BHAGAT

JUDGEMENT

(1.) This petition under Sec. 24 of the Code of Civil Procedure (for short 'CPC') has been filed by the petitioner-wife seeking relief of transfer of Case Civil Suit No.54-A/2021 (Gurvinder Singh Bhagat Vs. Smt. Jaswinder Kaur) preferred by the respondent-husband for permission of divorce under Sec. 13 of the Hindu Marriage Act, 1955 from the Family Court, Bilaspur, District Bilaspur (C.G.) to the Family Court, Korba, District Korba (C.G.).

(2.) Learned counsel for the petitioner submits that marriage of the petitioner with the respondent was solemnized as per Hindu Sikh Rituals on 23/5/2010 at Bilaspur (C.G.) and after marriage, the applicant resided with her husband and his family at Bilaspur. On 8/3/2015, the applicant and respondent had a son Nihal Singh Bhagat who is aged about 07 years of age and is suffering from a medical condition known as Thalassemia major. It has been alleged by the respondent herein that the applicant and her family members hide the fact about her age and medical condition of Thalassemia minor, before marriage. On 16/10/2020, the respondent herein filed an application under Sec. 13 of the Hindu Marriage Act, 1955 before the learned Family Court, Bilaspur. He further submits that at present, the petitioner is living at Korba and distance between Korba and Bilaspur is around 90 kms. It is also well settled that in deciding the petition for transfer of matrimonial proceedings, convenience of woman is the prime consideration, the same has been held by the Hon'ble Supreme Court in case of Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi reported in (2005) 12 SCC 237. Therefore, looking to the hardships likely to be faced by her the case be transferred to Family Court, Korba.

(3.) Learned counsel for the respondent does not oppose the prayer made by learned counsel for the petitioner for transfer of the case from the Family Court, Bilaspur to the Family Court, Korba.