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HIGH COURT OF CHHATTISGARH, BILASPUR

TPCR No. 11 of 2021

Ganesh Kumar Gupta

---- Appellant

Versus

Smt. Renu Gupta & Others

---- Respondents

Post for pronouncement of order on 29/04/2022

JUDGE

29/04/2022

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR g

Judgment Reserved on : 22.02.2022

Judgment Delivered on : 29 .04.2022

TPCR No. 11 of 2021

Ganesh Kumar Gupta, S/o., Late Shri Pawan Kumar Gupta,

Aged about 36 years, R/o. War Tahsil Colony, Baghbahra, PS

and Tahsil Baghbahra, District Mahasamund, Chhattisgarh

---- Appellant

Versus

1. Smt. Renu Gupta,W/o. Ganesh Kumar Gupta, Aged about 35

years

2. Diwakar Gupta, Age-13 years, S/o. Ganesh Kumar Gupta

3. Ku. Monika Gupta, Age 10 years, D/o. Shri Ganesh Kumar

Gupta

4. Ku. Sakshi Gupta, Age 07years, Do.Ganesh Kumar Gupta

Name of Ganesh Kumar Gupta wrongly mentioned as Ganesh

Kumar Mishra

Respondent No.2 to 4 are minor children, being represented by

respondent No.1 Mother in relation, Permanent R/o. Village

Bijali, District Gariyaband

At present R/o. C/o. Ashwani Gupta, At village Risama, PS

Anda, Tahsil and District Durg (CG)

---- Respondent

For Petitioner

: Shri J.A.Lohani, Advocate

For Respondents

: Ms. Sarina Khan, Advocate

Hon’ble Smt. Justice Rajani Dubey

C A V Order

29 /04/2022

Petitioner/complainant has filed the instant petition under

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Section 407 of the Cr.P.C. for transfer of Criminal M.J.C. Case No.

394/2020 pending before the First Additional Principal Judge, Family

Court, Durg, district Durg to the Family Court Mahasamund.

2.

Case of the petitioner in brief is that the petitioner and the

respondent No.1 were married on 23.04.2008 and out of their

wedlock, they were having three children. It is alleged that due to

some family dispute on 24.11.20020, the respondent No.1 left her

matrimonial house along with her children and went to live at her

parent’s house and thereafter, she filed application under Section 125

Cr.P.C. for grant of maintenance to the tune of Rs. 22,000/- per month.

Thereafter the petitioner filed application under Section 9 of the Hindu

Marriage Act for Restitution of conjugal Rights on 14.12.2029,

however, due to Covid-19, the notices were issued on 04.02.2021 to

the respondents for their presence on 06.03.2021 but the respondent

No.1 did not mark her presence and again notices were issued on

07.05.2021 and the matter was fixed for hearing on 22.06.2021.

3.

The petitioner-husband filed application under Section 9 of the

Restitution of Conjugal Rights. Thereafter a divorce petition has been

filed by the respondent No.1. Since the respondent No.1/wife along

with her three children is living with her parents, she cannot undertake

long journey and contest the proceedings at Durg by neglecting her

minor children.

4.

Counsel for the petitioner submits that the petitioner is residing

at Bagbahra, district Mahasamund whereas the respondents are

residing at Village Bijali, district Gariyaband and the case is pending

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before the Family Court, Durg. He further submits that the petitioner is

residing with his mother who is old aged and bedridden. He submits

that he has filed his objection about the jurisdiction of the case as he

has to look after his ailing mother who is also bedridden and therefore

he is seeking for transfer of the case from Family Court, Durg to

Family Court at Mahasamund. Reliance has been placed by the

counsel for the petitioner in the matter of Krishna Veni Nagam Vs.

Harish Nagam reported in (2017) 4 SCC 150.

5.

On the other hand, counsel for the respondents has strongly

opposed the petition for transfer. He submits that the respondent No.1

has to travel a distance of about 120 kms. leaving her children alone

wasn't financially feasible for her.

6.

Heard counsel for the parties and perused the material on

record.

7.

Both the parties have filed order sheets of the proceedings of

the lower court wherein at the title page of the petitio