wwwwm S ta mt. Rajani Gup Vsu ers R " a akesh Kumar Gupt ( N-APPLICANT: I P 'ost‘fdr pronounéement of ‘o‘rder%on 23rd June, 2009 5 ”'‘ T.P. Sharma Judge APPLICANT: 9f NO r 1 W 1 ;3‘ APK HIGH COURT OF CHHATTISGAIRH BILAsPUR g% é ‘ Transfer Petition (Civil) Nob of 2007 ‘ Versus NON-APPLICANT: Rakesh Kumarj Gupta, S/o K.G. Gupta, aged about 34 years, R/o M.I.G. 617, Padmanabhpur, Durg, Tahsil 85 Distt. D$urg (C.G.) (Transfer application under Section 24 of th‘e Code of Civil Procedure, : 1908 read With Section 7 of the Family Courts Act) Present: s’J" Mr. H.S. Ahluwalia, counsel for the applicant. Mr. Santosh Yadu, counsel for the non-applicant. § 3 1 i K X i I Single Bench: Hon’ble Mr. T.P. Shanna, J 4" ORDER t (Passed on 23rd June, 2009) 1. This petition is for transfer of matrimonial suit filed under Section lS\ of the Hindu Marriage Act, 1955 (for short ‘the Act’) pending before the E 3rd Additional Principal Judge, Family Court, Durg bearing Civil Suit ‘ No.5OA/2007, on the ground of threat. x ‘ ‘ Q. “Undisputed facts of the case are that the present applicant and the ‘ non-applicant are Wife 85 husband, the non-applicant has filed a suit under Section 13 of the Act for dissolution of marriage which is pending before the 3rd Additional Principal Judge, Family Court, Durg bearing Civil Suit No.50A/2007. The present applicant has also filed an application for maintenance under Section 125 of the Cr.P.C. before the criminal Court situated at Shahdol. Krishna Gopal Gupta is father of .the non-applicant and Harish Sinha is a practicing Advocate of the non~applicant. Ravindra Gupta is brother of the applicant. At the instance of the present applicant offen‘ce’under Section 498A read With Section 34 of the I.P.C. 85 Section :4 of the r Dovvry Prohibition Act has been registered at Durg against the non- applicant 85 his relatives and offence under Sections 448, 294 85 506B read with Section 34 of the I.P.C. has been registered against theinon— i ” APPLICANT: Smt. Rajani Gupta, W/o Shri Rakesh Kumar Gupta, !aged about 25 years, R/o presently residing at By—pass Road Shahdol; Tahsiil Sohagpur, Distt. Shahdol (M.P.) f g apphcant 85 h1s counsel Harlsh Smha L Shahdol At the instance of the non apphcant & h1s counsel Harlsn Smha crlm-i'nal case ufide'f Sectlon 107 116 (3) of the Cr P C ha°1 been reglstefed ‘agalifiSt the brother of the apphcant at Burg i ’ V pet1t10n for dlvorce Relatlons both the partles have lodged reports Durg Where brother of the apphca, heant and h1s counsel were arrested 1n connectlon W1th the alo' ‘sald offence earned , counsel further submrts that the app her llfe 1s not safe and she Ls no V 1on to attend the Court s1tuated at Burg He also submits that the aforesald case be: l transferred from Famlly Cou“ l ‘ n nr Durg to any d1str1ct W1th1n the State of Chhatt rellance 1n the matter of FaJlor ‘ ahma 85 Ors v State of Punjab 85 A y V other“ Court snuated 1n ed counsel placed Mohamed FaJloo @ Raju 7 * (2006 Cr1 L J 3281) 1n Wh1ch the f Apex Court ha transferred the crmnna V H of Punjab to the Court of Assam under 407 of the Cr P eports ageunst each V other ‘ _ and ~ have been both arrested the part1es at dlfferent had lodged Pohce a i f ‘ V 7‘ Statlons Th1s shows the factum of threat and fear It app ars from ‘ V be a pt “p s L hc‘ t : '[ r n l ’ ” “ L' H ' ' Se n C ' . 7 r 42V a the documents and contents of the petition that the, applicant will not _ I be getting‘fearless justice at the‘ Family Court situated at Durg and to ’ i ensure dISpensatlon of fair and impartial Justice the aforesaid dispute , _ pending before the 3rd Additlonal PrinCIpal Judge Famlly Court Durg _ i should be transferred to any other Court Situated at another d1str1ct. " 7. Consequently, the petltion 1s allowed Mdtrimonlal dispute bearlng C1v1l Suit No 50A/2007 (Rakesh Kumar Gdpta V Smt RaJani Gupta) ' x pending before the Court of 3rd Additionajl Pr1nc1pal Judge Family r L Court Durg 1s hereby transferred to the Court of Pr1nc1pal Judge ‘Famlly Court Raipur No order as to costs 8-; Parties are dlrected to appear before the sa1d Court on 13 7-2009 for ' ‘ , further proceedlng of the case The 3rd Additional Pr1nc1pal Judge, i Family Court Durg is directed to transfer the file immediately to the Court of Pr1nc1pal Judge Family Court Raipur 9 A copy of this order be sent to the Princ1pa1 Judge Family Court x . I Raipur & the 3rd Additional Princ1pal Judge Family Court Durg, forthWith.“ 7 4w f—‘b_‘__—‘e '7 V? SdF El Judge t, X" T.P. Sharma x r I l_ ‘5 V23 v Q 6 I , :