Shrimati Vijeta Swarnakar vs Pradeep Kumar Soni
2021 Latest Caselaw 3800 Chatt

                                         1

                                                                               NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                               T.P(C) No.15 of 2021


Shrimati Vijeta Swarnakar D/o Ishwar Swarnakar, Aged About 38 Years R/o Kedia
Chowk, P.S. And Tahsil, Sarangarh, District Raigarh Chhattisgarh ---- Petitioner


                                  Versus


Pradeep Kumar Soni S/o Late Manharan Lal Soni, Aged About 39 Years Permanent
Resident Of Village Navapara Tenda P.S. Gharghora, District Raigarh, Chhattisgarh,
Currently Residing At Sub Health Center, Bemtatoli, Tahsil Kunkuri, District Jashpur,
Chhattisgarh                                                       ----Respondent

For Petitioner: Smt Madhu Nisha Singh, Advocate.

For Respondent:                  Shri Sumit Singh, Advocate.


               Single Bench:Hon'ble Shri Deepak Kumar Tiwari J
                              Order On Board


20.12.2021

1. This Petition has been filed by the Petitioner/wife under Section 24 CPC

seeking transfer of Misc. Civil Suit No.06/2020 from the Family Court, Jashpur to the

Family Court, Raigarh.

2. Brief facts of the case are that the Petition filed an application under Order 9

Rule 13 CPC for setting aside the ex parte decree and judgment dated 19.09.2019

passed in Civil Suit No.30-A/2019 by which, the Court below had allowed the

Petition of the Respondent under Section 13A and 13B of the Hindu Marriage

Act,1955 and thereby dissolving the marriage dated 02.05.2014 of the parties

herein.

3. Learned Counsel for the Petitioner submits that there is a reasonable threat to

the life of the Petitioner and therefore, it is impossible for her to attend the

proceedings before the Family Court, Jashpur. The Petitioner is a Government

employee posted at Sarsiwa as Development Block Bilaigarh, District Baloda Bazar.

She further submits that the Petitioner has no support, whatsoever and is required to

shoulder the personal and professional responsibilities on her own, therefore, it is

submitted that the said case may be transferred as prayed for.

4. Per contra, learned Counsel for the Respondent opposes the application and

submits that the Petitioner had lodged FIR under Section 498-A/34 IPC due to

which, the family members suffered for five years, judgment of acquittal was passed

on 14.02.2019 and the intention of the Petitioner is to harass the Respondent by

every means. The Petitioner's allegation about danger to her life is baseless, the

Respondent is posted at Sub Health Centre, Bemtatoli, Kunkuri, District Jashpur as

health worker and his duty was fixed with Covid-19 vaccination in different places,

therefore, it is prayed that the application of the Petitioner may be dismissed.

5. Heard learned Counsel for the parties.

6. In the matter of Rajani Kishore Pardeshi v. Kishore Babulal Pardeshi, (2004)

15 SCC 237, it has been held that the convenience of wife is to be preferred over

the convenience of husband. The Supreme Court has further held in the matter of

Sumita Singh vs. Kumar Sanjay and Another reported in (2001) 10 SCC 41 that if

husband files a suit against the wife, then the convenience of wife must be looked

into.

7. Consequently, Misc. Civil Suit No.06/2020 pending before the Family Court,

Jashpur is transferred to the Family Court, Raigarh with immediate effect. The

parties are directed to appear before the Family Court Raigarh on 12/01/2022 for

further proceedings. The Family Court, Jashpur shall transfer the record to the

Family Court, Raigarh immediately.

8. Accordingly, the TPC is allowed.

Sd/-

(Deepak Kumar Tiwari) JUDGE Priya