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Smt. Varsha Rani Nag V/S Herald Vinay Nadan

    M.C.C. No. 347 of 2006

    Decided On, 17 November 2006

    At, In The High Court Of Chhattisgarh At Bilaspur


    For Petitioner: H.S. Patel, Advocate And For Respondents: Subhash Yadav, Advocate.

Judgment Text

1. Heard.

2. The applicant-wife has filed this application under Section 24 of the Code of Civil Procedure for transfer of case No. 71-A of 2006

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filed by the Respondent-husband under Section 22 of the Divorce Act, 1869 for judicial separation before the 1 st Additional District Judge, Jugdalpur, to the Court of District Judge, Raipur of following grounds :

(A) The Petitioner is serving as Project Officer in Woman and Child Development Project, Abhanpur, District Raipur and it is extremely inconvenient for her to attend each and every hearing at Jagdalpur.

(B) That father of the Petitioner being aged 66 years is an old person and suffering from heart ailment and it is not possible for him to accompany the Petitioner to Jagdalpur on each and every hearing.

(C) A report was lodged by the Petitioner at P.S. Jagdalpur regarding threats and ill-behavior by the Respondent- husband wherein she has prayed for security at the time of attending Court at Jagdalpur.

3. Learned Counsel for the applicant placed reliance on Sumita Singh v. Kumar Sanjay and Anr : AIR 2002 SC 396. Considering the convenience of the wife, which is of paramount importance in such matters, I am of the considering opinion, in the facts and circumstances of the case indicated above, that it is expedient in the ends of justice that Case No. 71-A of 2006 (Herald Vinay Nadan v. Smt. Varsha Rani Nag) before the Court of 1st Additional District Judge, Bastar at Jagdalpur be transferred to the Court of District Judge, Raipur. Ordered accordingly. M.C.C. No. 347 of 2006 is allowed