\\ IN THE HON'BLE HIGH COURT OFC.G. AT BILASPUR Transfer Petition (CivUl No. p of 2010 fi. APRLICANT ^ o •SJSS-?%("E]8 ,<% '^^,<i%'!%.?s^ Sjligjs'^ssGN ^Smt. Usha Devi, aged about 34 years, W/.o Shri Brijkishore Maheshwari, D/o Gourishanker ^v^y^ .^jMuM.,.^'UJ^ Saboo, R/o Lohardaga Road, j,£.t.D^.'.iQ....,.. Guinla, Police Station 8& District-Gumla (Jharkhand) VERSUS NON-APPLICANT ^- ^Brijkishore Maheshwari, aged about 38 years, S/o Shri Shankerlal Maheshwari, R/o Main Road Korba, Tahsil & District-Korba (C.G.) APPLICATION UNDER SECTIQN 24 OF CODE OF CIVIL PROCEDURE K tets HIGH COURT OF CHHATTiSGARH AT BILASPUR SinaSe Bench: Hon'bie Shri Jusfice Prashant Kumaer Mishra APPLICANT RESPONDENTS Transfer Petition (Civit) No.IQ / 2S10 Smt. Usha Devi Versus Brijkishore Maheshwari Miss Sunita Jain, counsel for the applicant. None forthe respondent, though served. APPLICATION UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE ORAL ORDER (08.07.2010) Heard. (2) This is an application under Section 24 of the Code of Civil Procedure seeking transfer of appiication under Section 13 of Hindu Mamage Act preferred by the respondenyhusband before the Principal FamHy Court, Korba in Civit Suit No. 44-NQ9. (3) Contention of the applteant is that she is resident of Gumla town in the State of Jharkhand. She has preferred proceedings under Section 125 of Cr.P.C. in a Court of competent jurisdictton at Jashpur (Chhattisgarh), seeWng maintenance from the respondenVhusband. She lives with her parents at Gumta v^ich is onty 50 Kms. away from Jashpur in the State of Chhattisgarh, whereas Korba is at a distancs of more than 350 Kms. from Jashpur. She submits that she is residing at Gumla with her two schooi going minor daughtere. His father is aged about 72 yeare and is suffering from several deceases. Leamed counset for the applicant submits that in view of the difftoutty it would be of immense iriconvenience for the applicant to ^. '"''^:, eS'^Ss^ X ^. _„ ^ s^T^.v^'^y^ ^ j J y 9 '^ ^^^s1'./' "'"^Ss^ 2.- travel such distance up to Korba to attend the hearing before the Family Court, Korba. (5) Notices were issued on the transfer application to the respondent. The name of counsel appearing for the respondent is ateo published in the cause list; however respondent is not represented (6) tn the matter of Sumfta Singh Vs. reported in WR 2002 SC 396 the Hon'ble Supreme Court has held that in matrimoniai mattere where the proceedings are initiated by the husband against \wfe the wife's convenience must be looked into. (7) !n \'\ew of the above and more partteulariy in view of the tnconvenience wftich the appiicant is iikeiy to suffer, as projected in the transfer a^lication, it is directed that Civii Suit No. 44-A/TO Brijkishore Maheshwari Vs. Smt. Usha Devi p6nding before the Principal Family Court, Korba is transfenred to the Court of competent jurteitettQn at X<OA Jashpur. It is directed that after receipt of the fite the trial Gourt]lssue fresh summons to both the parties for their appearance for further trial. A (8) The transfer petition stands allowed. . Sd/- Prashant Kumar Mishra Judge .'^r- 1