IN THE HIGH COURT OF JUDICATURE AT BILASPUR. ( 1 CHHATTISGARH ^. . . n ^A M .-L ' • Divisioii B@! FIRST APPEAE, NO'.TOF 2008 APPELLANT ^Smt. Shweta @ Sushma W/o Vivek Dubey, aged about 25 . Ng.......--<5-6^£,^.0^ ^years, R/o tatya Para, Raipur !n '-^:VT'r*'." '( C.G.) ^.ssnted ^ S BAdd....-oy- A Versus 'RESPONDENT 5> ^ ^Vivek S/o Ram Narayan Khampariya, aged about 28 years, R/o Chandni Chowk, Nehru Nagar, Tikarapara, Raipur (C.G.) MEMORANDUM OF APPEAL UNDER SECTION 19^0F THE FAMILY COURTS ACT. IN THB HIGH COURT OF CHHATTISGARH. BILA8PUR DB: HON»BLBI.M. QUDDU8I & HON»BLEN.K. AGRAWAL, JJ First Aooeal (Mt. No. 17 OF 2008 v Vs. APPEARANCE Mr. Vivek Ranjan Tiwari, counsel for the appellant. Mr. Ali Asgar, coiinsel for fhe respondent. ORAL ORDBR (06.09.2010) Per I.M. OUDDUSI By fhis appeal filed u/s 19 of the Facoily Courts Act, fhe appeUaat is challenging fhe order dated 14.12.2007 passed by fhe FaniUy Court, Raipur in Case No.l57-A/2007 whercby the application jBled by fhe appeUaat u/ s 9 of fhe Hindu Marriage Act^ 1995 has been disnussed. Brief facts of fhe case are fhat fhe laarriage between appeUant and fhe respondent was solenmized on 20.5.2004. The appeUant has ffled appUcation u/ s 9 of fhe Hiadu Marriage Act for restitution offhe conjugal rights on 13.7.2007. It appears fhat fhe respondent has filed divorce petition u/s 13(1) of the Hiadu Mardage Act being Case No.2-A/2007 fVivek -vs" Shweta), which is pendiag before fhe Court of Addl. District Judge, Bemetara and fhe appellaat also filed appUcation u/s 125 ofthe Code ofCrimmal Procedure before fhe said Court. APPBLLANT Srat Shweta @ Sushma, w/o Vivek Dubey, aged about 25 years, Tatya Para, Raipur RESPONDBNT Vivek S/o Ram Narayan Khampariya, aged about 28 years, R/o Chandni Chowk, Nehru Nagar^ Tikarapara, Raipur (C.G). ^ Learaed counsel for the appellaat submits that respondent has niade a ground that she is suffering froin niental disorder. He subinits that she was treated by Dr. A,K. Gupta, Neuro Psychiatnst who gave a certificate regardiag fhe status of fhe appeUaat but fhe said doctor has not been examiaed. In view of fhe above, we remit the Biatter to the family Court, Raipur which shaU restore. fhe appUcation u/s 9 to its origiaal nuinber aad it shall be decided along-wifh fhe divorce petition u/s 13 pendiag before fhe Court ofBeinetara. Therefore, the petition u/s 13 (Case No.2-A/2007) shaU be transferred to Raipur where fhe appUcation u/s 9 is to be decided so that both the applications wiU be heard aad decided analogously. The order dated 28.02.2009 passed ia fhis appeal by which dircction has been issued to famUy court Bemetara to expedite hearing of divorce petition wiU be treated as the same has been issued to fhe family Court, Raipur siace it is hereby directed to traasfer of fhe case to Raipur. Appeal is atlowed ia part. Sd/- I. M. Quddusi Judge Sd/- N.K.Agrawal Jiidge °?fl/ Rao