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CHHATTISGARH HIGH COURT
P.R. Ramachandra Menon, J
Madhvi Singh v. Rakesh Singh Thakur
| Table of Content |
|---|
| 1. petitioner seeks transfer of divorce proceedings due to lack of resources. (Para 1 , 2) |
| 2. arguments presented regarding convenience and procedural fairness. (Para 4 , 5) |
| 3. court observes the necessity of consolidation and transfer based on precedent. (Para 6 , 7 , 9 , 10 , 11 , 20) |
| 4. balance of convenience is a critical factor in ruling on transfer applications. (Para 18 , 19) |
| 5. court allows the transfer petition for consolidated hearings. (Para 21) |
1. Marriage of the petitioner herein (wife) was solemnized with the respondent (husband) on 29.5.2010. After few years, relationship between them become strained leading to filing of the petition for grant of divorce under S.12 of the Hindu Marriage Act, 1955 (hereinafter called as 'Act of 1955') by the respondent / husband on 8.7.2015 before Family Court, North Baster Kanker. Thereafter, the petitioner / wife filed an application under S.9 of the Act of 1955 for restitution of conjugal rights at Family Court, Bilaspur on 23.12.2015 stating inter - alia that the respondent / husband without reasonable cause withdrawn her from the society. Thereafter, the petitioner / wife also filed an application for proper direction
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