SANDHYA PANDEY Vs. PRADEEP KUMAR TIWARI

JUDGEMENT

(1.) By this order, Transfer Petition (Civil) filed by the applicant under Section 24 of the Civil Procedure Code, 1908 (in brevity "Code") for transfer of Civil Suit No. F-113-A/2015 (Pradeep Kumar Tiwari v. Sandhya Pandey) pending in the Court of Principal Judge, Family Court, Korba to the court of Judge, Family Court, Bilaspur is being disposed of.

(2.) As per facts of the instant transfer petition, the applicant and the respondent were married on 12-6-2015 as per Hindu customs and rituals. The respondent filed a civil suit under Section 11 of the Hindu Marriage Act, 1955 (in brevity "Act") for declaration of marriage as void by a decree of nullity before the Judge, Family Court, Korba. The applicant is a Government servant working in the office of Dy. Registrar, Co-operative Societies posted at Jagdalpur as Asstt. Grade III. Applicant is a Government employee and for taking part in hearing of the matter, she has to face problem while going to Korba. Distance between Jagdalpur and Korba is more than 500 kms. She has to travel all the way from Jagdalpur to Bilaspur and from Bilaspur to Korba with great hardship. The applicant's sister is residing at Bilaspur permanently and from Jagdalpur to Bilaspur there are direct bus services available whereas in Korba, her no family members are residing. Respondent is having sufficient source of income. He would have no hardship in attending proceedings at Bilaspur. Hence it is prayed that the matter be transferred from Korba to Bilaspur.

(3.) On the other hand, learned counsel for the respondent has filed return to main petition stating that the applicant had already married at Arya Samaj Temple, Kohka, Bhilai. It is admitted that the applicant is a Government employee. It is further submitted that if the applicant is ready to travel from Jagdalpur to Bilaspur then she may also travel from Jagdalpur to Korba and if she is working as Government servant in Jagdalpur then why she had not prayed for transfer of the suit from Korba to Jagdalpur. The applicant has filed instant transfer petition to delay the proceedings and to harass the respondent. Bus services are regularly available from Jagdalpur to Korba and no sister of applicant is residing at Bilaspur. Respondent is also a public servant. Being a public servant, he will keep himself away from any offence. Hence there is no question of fear from the respondent while appearing in person before Family Court, Korba and in case some facts are surfaced she may inform police. As the applicant has already married prior to marriage to the respondent, complaint was made before the police. This is the reason the applicant is under fear that if she appears before court at Korba, she may be arrested by police. If the matter is transferred from Korba to Bilaspur, respondent would face grave hardship as he is working as hostel superintendent. His presence is very much required for taking proper care of students and looking to the responsibility, the case may not be transferred to Bilaspur. Looking to the entire conduct of the applicant, the petition may be dismissed.