Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 48038 (CHH)

DR. SMT. MAYA JAIN v. DR. VAIBHAV JAIN

MCC/1147/2025 · 2025-11-10

Shri Amitendra Kishore Prasad, Smt Rajani Dubey

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:54744-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1147 of 2025 Dr. Smt. Maya Jain D/o Shri Gulabchand Ji Shri Shrimal Aged About 34 Years R/o Near Jain Sthanak Bhawan, Mahavir Chowk, Kawardha, Tahsil And District -Kawardha Chhattisgarh ...Applicant versus Dr. Vaibhav Jain S/o Shri Dr. Sureshchand Jain Aged About 39 Years R/o Ganesh Chowk, Dhamtari, Tahsil And District Dhamtari Chhattisgarh At Present R/o Vikrant Dental Clinic, Near Sumit Mandi, Basantpur, Rajnandgaon, District -Rajnandgaon Chhattisgarh ... Respondent(s) For Applicant For Respondent : : Mr. Amrito Das, Advocate. Mr. Abhishek Sharma, Advocate. Hon'ble Smt Justice Rajani Dubey J. & Hon’ble Shri Justice Amitendra Kishore Prasad, J. Order on Board Per, Rajani Dubey , Judge 11.11.2025 1. The applicant/respondent has been filed a present MCC for modification of the order dated 22.09.2025 passed in FA(MAT) No. 296/2025, particularly, for deleting the sub-paras 3 & 4 of para 13 on the ground that these paras of order are very harsh for the respondent/applicant that the minor child will be given to father on Digitally signed by AMIT PATEL 2 every Saturday in between 11 AM to 6 PM for their meeting at any independent venue, it would be either at the office of Department of Women and Child Development or any restaurant of the choice of the father. 2. Learned counsel for the applicant/respondent submits that the applicant/respondent who is the mother of minor child Vikrant upbringing him alone without help of his father who has already submitted before the Court that he has no money for maintaining the child and his mother and he never paid a single penny for education and other expenses on child and due to his own act and behaviour, he has been expelled from the services. He further submitted that the matter may be listed for hearing again after giving an opportunity to the respondent/wife and her son to appear before this Court or paras 3 & 4 of the interim relief may be deleted. 3. On the other hand, learned counsel for the respondent opposes the prayer for modification of the order passed in FA (MAT) No. 296/2025, dated 22.09.2025 by this Court and submit that the said order passed by this Court is just and proper and there is no ground for interference or modification of the said order at this stage. 4. We have heard learned counsel for the parties, gone through the pleadings and perused the material available on record. 5. Having considered the facts and circumstances of the case and arguments of both the parties, it is clear that the matter is still pending before learned trial Court for final adjudication and we modified the impugned order passed by learned trial Court vide its order dated 22.09.2025. 6. We find that no such ground has been made by the applicant/ respondent for modification of the order dated 22.09.2025 passed in FA 3 (MAT) No. 296/2025 by this Court, is just and proper which does not require any change in the MCC. 7. Accordingly, the present MCC is dismissed. Sd/- Sd/- (Rajani Dubey) (Amitendra Kishore Prasad) JUDGE JUDGE AMIT PATEL