RASHMI DHURANDHAR (VERMA) Vs. DEEPAK VERMA

JUDGEMENT

(1.) The present Transfer Petition has been filed by the Petitioner-wife seeking for transfer of Civil Suit No. HMAH-6/2015 filed by the Respondent under Section 13 of the Hindu Marriage Act against the Petitioner seeking for a decree of divorce, pending before the Additional District Judge, Bhatapara, District Balodabazar-Bhatapara to be transferred to the Family Court, Durg.

(2.) Learned Counsel for the Petitioner-wife submits that there was a proceeding already pending before the Principal Judge, Family Court, Durg, under Section 125 CrPC, initiated by the Petitioner-wife seeking maintenance against the Respondent-husband in which a final order was also passed by the Family Court, Durt on 14.10.2015. Against the said order, revision petitions were preferred by both the Petitioner-wife as well as the Respondent-husband, which were registered as Criminal Revision Nos. 320 of 2016 and 157 of 2016, respectively.

(3.) He further submits that the revision petition preferred by the Respondent-husband has since been allowed by this Court and the matter has been remitted back to the Family Court, Durg and therefore taking into consideration the fact that there is already the matter pending before the Family Court, Durg, the present case can also be transferred to the Family Court, Durg so that it becomes convenient for the parties to contest the case more effectively or else the Petitioner-wife in particular would find it difficult to attend one case at Durg and the other case at Bhatapara.