Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21238
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 180 of 2024 1 - Sukhdev Singh Malhari S/o Jaswant Singh Malhari Aged About 61 Years (Wrongly Mentioned As Aged About- 59 Years In Impugned Order ) R/o Rose- 93a, Block- Talpuri, Housing Board Colony, Bhilai, District- Durg Chhattisgrh. ( Non Applicant No. 01 ) 2 - Balvinder Kaur W/o -Sukhdev Singh Aged About 56 Years ( Wrongly Mentioned As 55 Years In Impugned Order ) Non Applicant No. 02 ) R/o Rose- 93a, Block- Talpuri, Housing Board Colony, Bhilai, District- Durg Chhattisgrh.
... Applicants/Petitioners versus 1 - Manpreet Kaur @ Sona W/o Late Iqbal Singh Aged About 30 Years R/o Mahamaya Residencyd, Ratanpur Road, Koni, Bilaspur Chhattisgarh.(Respondent ( Applicant No. 1 ) 2 - Pravleen Kaur D/o Late Iqbal Singh Aged About 7 Years Minor Through- Mother Manpreet Kaur @ Sona, W/o Late Iqbal Singh, Aged About 30 Years R/o Mahamaya Residencyd, Ratanpur Road, Koni, Bilaspur Chhattisgarh. (Applicant No. 02 ) 3 - Sharleen Kaur D/o Late Iqbal Singh, Aged About 5 Years Since Minor Through Mother Manpreet Kaur @ Sona W/o Late Iqbal Singh, Aged About 30 Years R/o Mahamaya Residencyd, Ratanpur Road, Koni, Bilaspur Chhattisgarh. ( Applicant No. 03 )
... Respondents (Cause title taken from Case Information System) For Applicants/Petitioners : Mr. Prasoon Agrawal, Adv. For Respondents : Mr. Akhand Pratap, Adv.
2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order On Board 08/05/2025
1. Heard.
2. The applicants/petitioners has filed the instant petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’), 1908 for transfer of Civil Suit No.16/2023 (Manpreet Kaur @ Sona & Ors. vs. Sukhdev Singh Malhari & Anr.) pending before the learned Principal Judge, Family Court, Bilaspur (CG) to the learned Family Court Durg, District Durg (CG).
3.
Learned counsel for the applicants would submit that respondent No.1 is daughter-in-law of applicants and respondent Nos.2 & 3 are grand- daughters of applicants. Respondents have filed application under Sections 19 & 22 of the Hindu Adoption and Maintenance Act, 1956 against the applicants before the Family Court, Bilaspur bearing Civil Suit No.16/2023. He would further submit that both applicants are old aged persons residing at Durg, it would be difficult for them to travel from Durg to Bilaspur to attend hearing in aforesaid case, therefore, he prays that aforesaid civil suit be transferred from the Family Court, Bilaspur to the Family Court, Durg, else applicants may be permitted to attend hearing through virtual mode before the Family Court, Bilaspur (C.G.).
4. Per Contra, learned counsel for the respondents would submit that distance between Durg and Bilaspur is about 150 km and there is direct connectivity by buses and trains, as such, they may travel between these two places. He would further submit that being minor children, it would be difficult for respondents No.2 & 3 herein to travel
3 from Bilaspur to Durg, if case is transferred, hence, he prays that transfer petition is liable to be rejected.
5. I have heard learned counsel for the parties and perused the material available on record carefully.
6. Distance between Durg and Bilaspur is said to be about 150 km and there is direct bus and train connectivity also. It is also not found that the applicants are financially weak. Further, respondent Nos.2 & 3 are minor aged about seven and five years respectively, therefore, I do not feel inclined to allow this transfer petition.
7. Consequently, the transfer petition is dismissed. However, the concerned Family Court, Bilaspur is directed to expedite the trial and conclude the same as early as possible preferably within a period of three months from the date of receipt/submission of copy of this order.
8.
Learned counsel for both the parties are also directed to cooperate with the concerned Family Court, Bilaspur for expeditious disposal of the case. It is further observed that appearance of the applicants/non- applicants therein is not required, then they may permitted to mark their appearance through virtual hearing.
9. Accordingly, this transfer petition is dismissed.
10. Pending application(s), if any, stands disposed of. No order as to costs. Sd/-
(Naresh Kumar Chandravanshi)
Judge Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.05.08 17:07:28 +0530