M <1 ’4 l7) ® IN THE HON’BLE HIGH COURT OF gigA m M I; mg xtARH AT BILASPUR (CHHATTISGARH) I/ Transfer Petition lC) No. lg of 2009 Rmbto‘ Mwla‘ xhw AP I’IICAN'r v'Smt. Prrecaa-iia, aged 33 years, W/o. Sadashiv Dwivedi, Occupation House Wife, R/o. Village and Post Sakti, Ward No.14, behind State Barik of India, Tahsil Sakti, District Janjgir-Champa (Chhattisgarh) Versus Sadashiv, aged 4O years, son of INON-APPLICANT : Shri Hari Ram Dwivedi, d" w Occupation Govt. Servant in the Secretariat of Chhattisgarh Govt, R/o. Qr.No.H—35, New Pension Bada, Raipur, Tahsil Raipur and District (Chhattisgarh) we“ APPLICATION UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE 1:3 um W +mqv mwog emm m (Wm Wwmazrkm l WWnf‘a‘éiW %a£f%mea?m S.B. Hon’ble Shri Justice N.&(. Agarwal 13.11.2009 Shri HB Agrawal, Sr. dvccate with Smt. Meera Jaiswal, Advocate for appiicant. Shri SN Nande, Advoc te for non—appiicant. With the consent of the parties, the matter is heard finally. The instant petition is referred by the applicant under Section 24 of CPC for transfer of Civil Suit No. 90-A/09, pending consideration before the Famiiy Court, Rai ur, on an application preferred by the non—applicant under Section 1 (1)(g) of Hindu Marriage Act. The facts briefly stated s under: The applicant and non- pplicant are Wife and Husband. Due to matrimonial dispute between hem; applicant preferred an application under Section 9 of the HindulMarriage Act against the non-applicant before the Family Court, JanjQir—Champa, camp at Sakti for restitution of conjugal rights bearing Cit/ii Suit No. 13—A/09. Prior thereto, the proceedings under Section l12(1)(g) of Hindu Marriage Act was initiated by the non-applicant against the applicant in Family Court, l Raipur. Shri Agrawal, learned counsel appearing for applicant submits that since the applicant is a women having minor child of six months, it would be difficult for her to attend the court at Raipur, and therefore, sw‘u {muddle -:‘</95~--i t/zuua—w r .mmmr W w WT€(6)(5/ mzoog Wm (may mamm W g ' m'iiwm; ., if) g— €saimm the proceedings pending before the Family Court, Raipur, be transferred to Sakti Court. Per contra, Shri Nande, reamed counser appearing for the non— appricant would submit that applicant is a Lawyer practicing in the court at Sakti, therefore, in th interest of justice, proceedings before the Raipur may be transferred to the Famiiy Court, Biiaspur, which is a place nearer to Sakti. Having heard the couns is appearing for the parties and having considered the material on re rd including the statement made in the application for transfer and it reply, l am of the view that interest of justice would be sub-served f the proceedings pending before the Family Court, Raipur, is transf rred to Family Court, Bilaspur. in the result, the petition is partly allowed and the proceeding of Civil Suit No, 90-N09, pending consideration before the Family Court Raipur is transferred to Family Court, Bilaspur. The Family Court: Raipur is directed to send the record of aforesaid Matrimonial Case at an early date preferably withing a period of six weeks from the date of receipt of a copy of this order to Family Court, Biiaspur, and thereafter, the Family Court, Bilaspur, shall proceed with the matter expeditiously. m WWW Sahu I i i «Ia win Haw-M waiwa»~~E«'/’95—-—1 Hum: w! .unxzmx interim relief granted earlier stands vacated. adi’ Vpgeff’z"‘ § N AL 3d ‘ dge i mm