1 2025:CGHC:54451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR T.P(C) No.153 of 2025 Nishigandha Thaware W/o Avinash Thaware, D/o Roopchand, Tirpude Aged About 32 Years Present R/o 405/5, Street 15 A, Pragati Nagar, Risali, Bhilai, District : Durg, Chhattisgarh ... Petitioner versus Avinash Thaware S/o Kishor Thaware Aged About 35 Years R/o Sankunt- H.No.23, Phase 3, Shiva Presidency, Mathpuraina, Raipur, Chhattisgarh ... Respondent For Petitioner : Shri Ghanshyam Kashyap along with Shri Virendra Kashyap, Advocates. For Respondent : Shri Lukesh Kumar Mishra( through Video Conferencing) along with Shri Girish Sahu, Advocates. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 07.11.2025 1. This Transfer Petition has been filed by the Petitioner/wife under Section 24 of the Code of Civil Procedure, 1908 seeking SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.11.07 17:17:28 +0530 2 transfer of Case No.289/2025 from the Family Court, Raipur to the Family Court, Durg. 2. Summed up facts of the case are that marriage between the parties was solemnized on 04.02.2018 at Bhilai as per Hindu rituals and customs and immediately thereafter, the Respondent/husband and his family members started harassing the Petitioner/wife on account of demand of dowry. Thereafter, the Respondent/husband has filed a divorce Petition on 08.04.2025 before the Family Court, Raipur. 3. Learned Counsel for the Petitioner/wife submits that distance between Raipur to Durg is 50 kms and the Petitioner/wife has no source of income and for the sake of her convenience, the case may be transferred from the Family Court, Raipur to the Family Court, Durg. He placed reliance on the matter of Rajani Kishor Pardeshi vs. Kishor Babulal Pardeshi reported in (2005) 12 SCC 237. 4. Learned Counsel for the Respondent/husband submits that the Petitioner/wife has also lodged FIR against the Respondent/husband and his family members for the offence punishable under Section 498-A/34 IPC at Mahila Thana, Durg. When a query was put to learned Counsel for the Respondent/husband, he submits that the said criminal trial ended up in acquittal. He further submits that after the marriage, it has 3 come to the notice of the Respondent/husband that the Petitioner/wife was active in social media and was also having an extra-marital affair and certain photographs and social media posts have also been filed along with the return. He further submits that after the marriage, the Respondent/husband has been transferred to Jagdalpur at a remote village as he was working as Clerk at SBI but the Petitioner/wife has, immediately after the marriage, started threatening his family to implicate them in a false case and was not ready and willing to accompany her husband to Jagdalpur. He further submits that now the Respondent/husband is transferred to Raipur and in these circumstances, his mother has also filed a Civil Suit before the District Court, Raipur for malicious prosecution prior to the filing of divorce Petition by the Respondent/husband. He further submits that the Petitioner/wife is remarried to one Vikas Mishra and is residing with him at Arra, Bihar, therefore, in this backdrop, the instant Petition may be dismissed. 5. Heard learned Counsel for the parties and also perused the documents annexed with the Petition as also the return carefully. 6. The matrimonial conflict arose between the parties after the marriage dated 04.02.2018 and the Petitioner/wife has filed a Criminal Case, which resulted into acquittal of the Respondent/husband. The Petitioner/wife has also filed an application for grant of maintenance, which was also dismissed by 4 the Family Court, Durg. From the return filed by the Respondent/husband, it is reflected that the Petitioner/wife has filed an application under Section 125 Cr.P.C 1973 before 3rd Additional Principal Judge, Family Court, Durg and the said application was dismissed vide order dated 05.10.2024 wherein, the learned Judge has categorically held that the Petitioner/wife was living apart voluntarily without any sufficient reasons. 7. Having considered the facts and circumstances of the case and further considering that the mother of the Respondent/husband has also filed a suit for malicious prosecution and also considering the other attending circumstances, without further commenting anything on merits, this Court is of the considered opinion that no case is made out for transfer of case No.289/2025 from the Family Court, Raipur to the Family Court, Durg. 8. Consequently, as the instant Transfer Petition is devoid of any merits, therefore, the same deserves to be and is hereby dismissed. 9. However, it is directed that the Petitioner/wife may join the proceedings through Video Conferencing unless otherwise directed by the concerned Family Court. Sd/- (Deepak Kumar Tiwari) Judge Priya