ROSHNI RAJPUT Vs. MANOJ RAJPUT

JUDGEMENT

(1.) By this order transfer petition (Civil) filed by the petitioner/applicant seeking transfer of civil suit No. 105A/14 (Manoj Rajput Vs. Smt. Roshni Rajput) filed under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce pending before the Judge, Family Court, Rajnandgaon, C.G. to the Court of Judge, Family Court, Bemetara, C.G., is being disposed of. As per the facts of the transfer petition, the petitioner and the respondent married on 21-05-2010 with Hindu rituals. Out of their wedlock they are having no issue (child). Upon development of incident, the respondent filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce which is on initial stage and is pending as abovementioned at Rajnandgaon. The petitioner is a house-wife, not doing job for her livelihood. Rajnandgaon is about 120 kms. away from the place of the petitioner. She is residing in her maternal house. Her grand-mother is about 85 years old, there is no one to take care of her grand-mother, it is inconvenient for the petitioner to remain present during hearing of the case pending at Rajnandgon. On these two grounds, the petitioner prayed that the aforesaid civil suit be transferred from Rajnandgaon to Bemetara.

(2.) On the other hand, the respondent filed reply for the application under Section 24 of the CPC wherein he denied the grounds taken by the petitioner and submitted that distance from Thankhamhariya is only about 100 kms. and if someone travels from Gandai, the distance is merely 85 kms. As per information, to take care the grand-mother of the petitioner, one brother and one sister are available. It is also submitted that the petitioner filed one Misc. Case under Section 125 of the Cr.P.C. at Durg Court which was already disposed of awarding maintenance in favour of the petitioner. On the basis of First Information Report made on behalf of the petitioner, the respondent and his family members are facing trial before the Judicial Magistrate First Class, Rajnandgaon under Section 498A/34 of the IPC along with Section 4 of the Dowry Prohibition Act as crime No. 236/2010 registered at Basantpur police station, Rajnandgaon. If the petitioner/applicant can take part in that criminal case pending at Rajnandgaon, there may be no inconvenience for attending the family court. Hence, it is submitted that the application/petition may be dismissed as not maintainable.

(3.) Heard both the parties.