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2025 DAILYLAW 4880 (CHH)

SMT. NAINA AMBADE v. DEVENDRA KUMAR AMBADE

MCC/50/2025 · 2025-04-11

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.1 2025:CGHC:16902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 50 of 2025 1 - Smt. Naina Ambade D/o Gangadhar Dahate, W/o Devendra Kumar Ambade Aged About 32 Years R/o Duplex 21, Neera Enclave, Prarthivi Nagar, Heerapur Road, Mohba Bazar Raipur, Tahsil And District Raipur Chhattisgarh. ... Applicant(s) versus 1 - Devendra Kumar Ambade S/o Annatram Ambade, Aged About 42 Years Caste Mahar, R/o Misiyabada, Ward No. 9, Dongargarh, Tahsil And Police Station Dongargarh, District - Rajnandgaon, Chhattisgarh. ... Respondent(s) __________________________________________________________ For Applicant : Mr. Navin Shukla, Advocate. ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Parth Prateem Sahu Order on Board 11/04/2025 1. This PUD is registered based on the letter dated 1.1.2025 written by the Principal District Judge, Raipur, District-Raipur seeking guidance to comply with order passed in TPC No.97 of 2024 dated 10.12.2024 mentioning that separate Family Courts have been established to decide the dispute with respect to the family matters, therefore, the case filed under Section 13 of Hindu Marriage Act, 1955 which has been transferred from the Additional District Judge, Dongargarh to the Principal District Judge, Raipur, could not be entertained by it. 2. Mr. Navin Shukla, learned counsel for applicant submits that after getting knowledge about the typographical error in the order dated 10.12.2024, he had filed MCC bearing No.166 of 2025 which has been allowed vide order dated 4.4.2025 and Page No.2 typographical error has now been corrected. He place the copy of the order passed in MCC No.166 of 2025 for perusal of this Court. This Court has passed following orders in MCC correcting the typographical error crept in:- “5. Considering the submissions made by learned counsel for the applicant, grounds raised in the application for modification of the order, I am inclined to allow the application (MCC). Accordingly, it is directed that operative paragraphs No. 12, 13 & 14 of the order dated 10.12.2024 passed by this Court in TPC No.97 of 2024, as mentioned above, shall now be read as under:- “12. Accordingly, this transfer petition is allowed. It is ordered that Case No. H.M. Act/12-A/2024 (Devendra Kumar Ambade Vs. Smt. Naina Ambade), pending before the Additional District Judge, Dongargarh, District Rajnadgaon shall be transferred to the Family Court Raipur, District- Raipur (CG). 13. The Additional District Judge, Dongargarh is directed to transfer the record of the above case to the Family Court Raipur, District- Raipur (CG) forthwith. Parties are directed to appear before the Family Court Raipur, District- Raipur (CG) on 1st May 2025. 14. The learned Family Court Raipur, District- Raipur (CG) will make all endevours to conclude the proceedings of the case at the earliest subject to cooperation by the parties.” 3. In the light of the order passed in MCC No.166 of 2025, this MCC stands disposed of. 4. Office is directed to send a copy of this order to the Principal District Judge, Raipur for necessary action. Sd/- (Parth Prateem Sahu) Judge Nisha SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI