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2025 DAILYLAW 35504 (CHH)

SMT. REETU JAISWAL v. LALIT JAISWAL

TPC/117/2025 · 2025-10-08

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:50307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR T.P(C) No.117 of 2025 Smt. Reetu Jaiswal, W/o Shri Lalit Jaiswal, Aged About 28 Years R/o House No.1768, Housing Board Kailash Nagar, World Bank Colony, Bhilai Nagar, Tahsil And District - Durg (C.G.) ... Petitioner versus Lalit Jaiswal, S/o Shri Shyampal Jaiswal, Aged About 34 Years R/o Ward No. 01, Dalli Rajahra, Tahsil Doundi District- Balod (C.G.) ... Respondent For Petitioner : Shri Rajendra Patel, Advocate. For Respondent : Ms. Sweksha Sharma, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 09.10.2025 1. Shri Patel submits that the case is at initial stage and evidence has not yet commenced. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.10.09 15:16:29 +0530 2 2. This Petition has been filed by the Petitioner/wife under Section 24 CPC seeking transfer of Civil Suit No.38-A/2025 from the Family Court, Balod to the Family Court, Durg. 3. Summarized facts of the case are that marriage of the parties took place on 20.05.2022 as per the prevailing custom in the society at Sector-7, Bhilai, District Durg and out of the said relation, a baby girl was born, who is now 1 ½ year old. It is alleged that after some time of marriage, the Petitioner was subjected to mental and physical harassment by her in-laws on the demand of dowry and she was ousted on 13.09.2022 due to which, she started residing at her maternal home. However, she was brought back to her matrimonial home by her husband/Respondent but even thereafter, she was continued to be harassed. It is further alleged that even during her pregnancy period also, she was not taken care of and therefore, she had to reside with her parents, who bore all her medical expenses including those related to her delivery. 4. Learned Counsel for the Petitioner/wife submits that the Petitioner/wife is the sole caretaker of her minor daughter and is entirely dependent upon her parents for herself and her daughter’s livelihood as she has no other source of income. He further submits that the Respondent is earning Rs.30,000/- – 40,000/- per month and is capable enough to afford the expenses of the trial but as the Petitioner is a deserted wife, it is very difficult for her to 3 attend the proceedings at Family Court, Balod under such circumstances, therefore, the said case may be transferred as prayed for. 5. Learned Counsel for the Respondent opposes the said prayer. 6. Having heard both the parties and having considered the facts and circumstances of the case, this Court deems it appropriate to transfer Civil Suit No.38-A/2025 from the Family Court, Balod to the Family Court, Durg with immediate effect. Ordered accordingly. The parties are directed to appear before the Family Court, Durg on 27/11/2025 for further proceedings. The Family Court, Balod shall transfer the record to the Family Court, Durg immediately. 7. Resultantly, the instant Transfer Petition is allowed. 8. In view of above, all the pending applications stand disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priya