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Judgment
Goutam Bhaduri, J
Heard.
The present petition is for transfer of civil suit filed by the respondent under Section 9 of the Hindu Marriage Act from the Family Court Raigarh to
the Family Court Raipur.
It is contended that the petitioner/wife is a resident of Raipur and she has also filed an application under Section 125 of the Hindu Marriage Act,
which is pending adjudication before the Court of Raipur. It is stated that the petitioner being the wife is unable to travel to Raigarh which is more than
200 kms and she is also prosecuting her case at Raipur, therefore, the petition for Restitution of Conjugal Rights may be transferred to the Family
Court Raipur.
Despite service of notice, no representation is made by the husband/respondent.
Perusal of the document shows that one petition has been filed by the husband under Section 9 of the Hindu Marriage Act for Restitution of
Conjugal Rights at Raigarh and Annexure P-2 shows that a case before First Additional Principal Judge, Family Court, Raipur filed by the wife for
maintenance is pending bearing case No.485/17. In the circumstances of this case, since the wife is prosecuting her case at Raipur under Section 125
of the Hindu Marriage Act, therefore, taking into consideration the convenience of the wife, it is directed that civil suit No.86-A/2017 pending before
the Family Court, Raigarh, shall stand transferred to the Court of Family Court Raipur wherein the petition under Section 125 of the Hindu Marriage
Act filed by the wife/petitioner is pending adjudication.
With such observation, the petition stands disposed of.