The court prioritizes the convenience of the wife in transfer petitions related to divorce proceedings.

Order On Board

30/01/2025

1. Petitioner (wife) has filed this transfer petition under Section 24 of the Code of Civil Procedure for transfer of the Divorce Case No.10-A/2024 (Ankur Vishwakarma Vs. Pooja Vishwakarma), pending before the Principal Judge, Family Court, Jagdalpur (C.G.) to the Principal Judge, Family Court, Durg, District Durg.

2. Brief facts of the case are that petitioner was married to respondent on

30.01.2020 at Durg, District – Durg as per Hindu rites. Few days of marriage, things went on smoothly, however after sometime, dispute Digitally signed by BALRAM BALRAM PRASAD DEWANGAN PRASAD DEWANGAN D 20a 2te 5: .02.01

16:01:53 +0530 arose between the parties due to which petitioner left her matrimonial home, she is presently residing with her parents at Durg. Respondent (husband) filed an application under Section 13 (1) (i-a) of the Hindu Marriage Act , 1955 before the Principal Judge, Family Court, Jagdalpur for dissolution of marriage, which was registered as Divorce Case No.10-A of 2024, in which notice was issued to petitioner (wife). Petitioner (wife) has also filed an application under Section 125 of Cr.P.C. for grant of maintenance against respondent before Principal Judge, Family Court, Durg, which is registered as MJC No.458 of 2024 and is pending consideration.

3. Learned counsel for petitioner submits that petitioner is presently residing in her maternal home at Durg. Respondent (husband) has filed an application under Section 13 (1) (i a) of the Hindu Marriage Act before the Family Court, Jagdalpur in order to harass and torture the petitioner. The distance of Jagdalpur is about 340 KM from her present place of residence and it will be very difficult for her to travel such long distance for attending the court proceedings. Parents of the petitioner are elderly one, and there are no other family members available to accompany her to attend the court proceedings at Jagdalpur. It is contended that petitioner has also filed an application under Section 125 of Cr.P.C. for grant of maintenance before the Family Court, Durg, in which respondent has also caused his appearance, therefore, Divorce Case No.10-A/2024, pending before the Family Court, Jagdalpur, District Jagdalpur (C.G.) may be transferred to the Family Court at Durg, District Durg (C.G.).

4. On the other hand, learned counsel for respondent opposes the submission of learned counsel for petitioner and would submit that respondent is the sole caretaker of his old aged parents, who are suffering with age related health issues. The respondent is employed in Lohandiguda which is 40 KM away from where his parents live and in case of emergency he can reach them quickly. It is very difficult for respondent to take leave for attending the court proceedings in every hearing. There is no other family members available to care of his old aged parents if he is unavailable. It is submitted that the Family Court in Jagdalpur is fully equipped with electronic facilities and petitioner can appear before the Family Court, Jagdalpur through video conferencing and also seek assistance from the Legal Aid Committee.

5. I have heard learned counsel for parties and perused the documents placed on record.

6. It is not in dispute that respondent married to petitioner in the year

2020 as per Hindu rituals and customs and due to some dispute between the parties, petitioner is living in her parent’s house at Durg. Petitioner has also filed an application under Section 125 of Cr.P.C. for grant of maintenance, before the Family Court, Durg, in which respondent has caused his appearance.

7. The grounds taken by petitioner for transfer of the Divorce Case No.10-A/2024 is that application under Section 125 of Cr.P.C. filed by petitioner against respondent is pending before the Family Court, Durg, where petitioner wife is residing. The distance of Jagdalpur is 340 Km. from Durg. Petitioner being the lady and there is no other male member to accompany her, therefore it would be very dif