-1- 2025:CGHC:5940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 212 of 2024 Smt. Punam Sinha, Aged About 35 Years W/o Gajendra Sinha Caste Kalar, R/o Risaipara, Dhamtari, District Dhamtari, Chhattisgarh. ... Petitioner(s) versus Gajendra Sinha Aged 42 Years S/o Shri Mahesh Sinha, Caste Kalar, R/o Village Korer, P.S. Korer, Tahsil Bhanupratrappur, District South Baster Kanker, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Ashwell Franklin, Advocate on behalf of Mr. Samir singh, Advocate For Respondent : Mr. Sumit Shrivastava, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 31/01/2025 1. Petitioner/wife has filed this Transfer Petition under Section 24 of C.P.C. for transfer of Civil Suit No.28-A/2024 between “Gajendra Sinha Vs. Smt. Punam Sinha”, from the Family Court Kanker, District – South Baster Kanker (now to Bhanupratappur) to Family Court Dhamtari, District Dhamtari . 2. Perusal of the order sheet enclosed along with transfer petition Digitally signed by PRAVEEN KUMAR SINHA -2- as Annexure P-1 would show that the learned Family Court Kanker vide order dated 06.11.2024 has allowed the application filed under Order 7 Rule 10 of CPC and returned back the plaint to the applicant/plaintiff therein. 3. In the pleadings made in this petition as also in the submission there is no mention that after return of plaint, respondent has filed the plaint under Section 13 of the Hindu Marriage Act, 1955 before the Court of competent jurisdiction. During course of submission when this question is posed to learned counsel for the parties they are unable to make specific submission in this regard. 4. As from the impugned proceedings which is filed as Annexure P-1 would show that proceedings before the Family Court has been closed and plaint has been returned back to plaintiff, to file in the Court of competent jurisdiction, no document is filed to show that, thereafter the respondent has filed the proceeding before the competent Court. In the above facts of the case, no relief as prayed for by the petitioner can be granted. 5. Accordingly, transfer petition is dismissed at this stage reserving liberty with the petitioner to file appropriate proceedings before appropriate forum if any exigency arises in future. Sd/-/---/-/- (Parth Prateem Sahu) Judge Praveen