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2023 Supreme(Chh) 672

SACHIN SINGH RAJPUT
Faleshwari Sahu D/o Moti Ram Sahu – Appellant
Versus
Devanand Sahu S/o Ghanshyam Sahu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri Shikhar Sharma, Advocate
For the Respondent:Mohd. Afroz Athar, Advocate

ORDER :

1. This petition under Section 24 of the Code of Civil Procedure, 1908 (for short ‘CPC’) has been filed by the petitioner/wife praying for the following relief -

    “that this Hon’ble Court may kindly be pleased to transfer the case bearing Civil (Matrimonial) Suit No.16-A/2022 pending before the Court of learned Additional District Judge, Gariyaband, District – Gariyaband to the Court of learned Family Court, Mahasamund, District – Mahasamund (CG), in the interest of justice.”

2. Learned counsel for the petitioner submitted that the respondent/husband has filed an application under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act of 1955’) seeking decree of divorce before the learned Additional District Judge, Gariyaband, District – Gariyaband, CG. The said application is registered as Civil (Matrimonial) Suit No.16-A/2022. He further submitted that the house of the father of the petitioner is at Palari, District – Mahasamund, CG and at present, the petitioner is residing with him and she is pursuing her B.Ed. Degree from Mahasamund, CG. He further submitted that the petitioner has filed an application under Section 125 of CrPC, 1973 (for short ‘CrPC’) against the

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