RAMESHWARI @ JULI BANSKAR Vs. DHANARAM BANSKAR

JUDGEMENT

(1.) By this order Transfer Petition (C) filed by the applicant/petitioner seeking transfer of Civil Suit No. 15-A/2015 (Dhanaram Banskar v. Smt. Rameshwari @ Juli Banskar) under Section 13 of the Hindu Marriage Act, 1955 pending before the Family Court Dhamtari, C.G. to Family Court Durg, C.G. is being disposed of.

(2.) As per facts of the transfer petition (civil), the petitioner and the respondent are legally wedded wife and husband. Their marriage was solemnized on 04-07-2010 as per Hindu customs. Out of their wedlock a male child born, presently aged about two years living with the petitioner. One matter regarding domestic violence under the Protection of Woman from Domestic Violence Act, 2005 is pending against the respondent at Seoni, Madhya Pradesh. The petitioner prayed that the aforementioned civil suit No.15-A/2015 may be transferred from Dhamtari to Durg for trial, with this, it would be convenient for the petitioner to appear and defend herself as she has to travel all along from Seoni to Dhamtari. The petitioner is a house wife having no independent source of income presently taking shelter in the house of her father. In the present matter the trial Court under Section 24 of the Hindu Marriage Act, 1955 vide order dated 17-07-2015 granted one time amount for the litigation cost Rs.2000/- and also granted two thousands rupees per appearance in the hearing date along with Rs.500/- for the other expenses. The respondent is working as Shiksha Karmi Grade-III. The petitioner has to face inconvenience for traveling Seoni to Dhamtari as there is no any direct rail communication, she has to take bus transport facilities from Raipur to Durg. On 15-06-2015, she was threatened, for the same she made written complaint before the S.P., Dhamtari. It is further submitted that there would be no inconvenience to the respondent for defending himself before the Durg Court; also relatives of the petitioner are at Durg. Hence, the matter may be transferred from Dhamtari to Durg.

(3.) On behalf of the respondent/non-applicant reply to the petition has been filed wherein the transfer petition was opposed and it is submitted that upon the complaint made by the petitioner/applicant, enquiry was made and for the same no any cognizable offence was noticed. Initially, the respondent had filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act and though he got order for restitution, but the same was not honoured by the petitioner. It is further submitted that the Family Court Seoni passed order for the maintenance in favour of the petitioner for Rs.5000/- per month and while considering the same, the Family Court at Dhamtari, C.G. further awarded Rs. 2000/- one time litigation cost and Rs.2500/- for traveling and other expenses for per hearing appearance. It is further taken ground that the petitioner is not regularly appearing before the Family Court Dhamtari, the Court accepted her prayer to represent through amicus curiae. The distance from Seoni to Dhamtari and Durg would be the same. Hence, as the petitioner failed to demonstrate any ground for transfer, the petition may be dismissed.