^..' BEFORE THE HON'BLE HIGH_COURT QF CHHATTISGARH AT BILASPUR TRANSFER PETITION (CIVIL) NOj? ^ /2010 SJna! APPLICANT Smt. Amrita Jain, W/o. Sameer Jain, iL--''... ..^ii^ a9ec! about 25 years, R/o. through : Shri rt?'^ i^.^7-^ Ashok Kumar Jain, 204, Shati Vijay ";.w- ^.\^ WS-a' Apartment, Old Ganj Rajnandgaon (C.G.) VERSUS Chowk. NON-APPLICANT :- Sameer Jain, S/o. Narendra Kumar Jain, aged about 26 years, R/o. Subhash Ward No.9, Jagdalpur, District Bastar(C.G.) APPLICATION FOR TRANSFER QF CML SUIT, N0.11A/2010, PENDING BEFORE FIRST ADDITIONAL DISTRICT JUDGE, BASTAR. JAGDALPUR HIGH COURT OF CHHATTISGARH AT BILASPUR APPLICANT NON-APPLICANT T.P. (C)No. 24 of 2010 Smt. Amrita Jain Versus Sameer Jain SB:- Hon. Shri N.K. Agarwal, J. PRESENT:- Shri Anup Majunidar, counsel for the applicant. Shri Arvind Dubey, counsel for the non-applicant. ORAL ORDER (Passed on21.il.2011) The instant transfer petition has been preferred by the applicant/wife for transfer of Civil Suit No.llA/2010 filed by the non-applicant before the First Additional District Judge, Jagadalpur to the Family Court Rajnandgaon. 2. Shri Anup Majumdar, learned counsel appearing for the applicant/wife would submit: two petitions, one under Section 125 of the Cr.P.C. and the other fUed under Section 12 of Protection of Wonien frora Domestic Violence Act filed by the applicant against the non-applicant are pending before the competent Courts at Rajnandgaon, in which, non-applicant is regularly appearing; there is no person in the family of the appUcant to accompany her to attend the Court at Jagdalpur; the Court at Jagdalpur is far away from the place of residence of the applicant; it is not convenient for her to travel upto Jagdalpur and attend the Court at Jagdalpur; it will also be convenient for both the parties to transfer the Civil Suit No.llA/2010 in the Family Court, Rajnandgapn. 3. On the other hand, Shri Arvind Dubey, leamed counsel appearing for the non-applicant/husband would submit: the non-applicant is paying Rs.1000/- towards her travelling, lodging and boarding expenses and he is also ready to bear the expenses of the applicant, and therefore, the application deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the petition. 5. In the instant case, it is to be seen the distance between Rajnandgaon to Jagdalpur is about 500 kilometers and the applicant has certainly felt inconvenience to travel upto Jagdalpur. As per her statement, there is nobody in fhe fainily to accompany her to attend the Court at Jagdalpur; two proceedings filed by the applicant are pending in the Court of Rajnandgaon, in which, non-applicant is regularly appearing. 6. Looking to every aspect of the matter, it would be in the interest of parties to transfer the Civil Suit NollA/2010 pending before the First Additional District Judge, Jagadalpur to the Family Court, Rajnandgaon. 7. In view of the above, the petition is allowed. Civil Suit NollA/2010 pending before the First Additional District Judge, Jagadalpur shall stand transferred to the Family Court, Rajnandgaon, who is directed to decide the case as expeditiously as possible in accordance with law. Parties are directed to appear before the Family Court, Rajnandgaon on 13* December, 2011. 7. The District Judge, Jagdalpur is also directed to send the record of the case to the Family Court, Rajnandgaon forthwith. 8. No order as to costs. Sd/- N.K. Agrawal Judge