Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:30639
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 70 of 2025 1 - Rupali Singh W/o Amitesh Singh Aged About 31 Years Father Gopi Singh, R/o Village Ghorpura, Post - Ghorpura, Tehsil Mungeli, District Mungeli Chhattisgarh.
... Applicant versus 1 - Amitesh Singh S/o Late Basant Singh Aged About 26 Years R/o House No. 103, J.P. Vihar, Mangla Chawk, Tehsil Bilaspur, District Bilaspur Chhattisgarh.
... Respondent For applicant : Mr. Sajal Gupta, Adv. For Respondent : Mr. Krishna Tandan, Adv. (Hon’ble Mr. Naresh Kumar Chandravanshi, J)
Order on Board 04/07/2025 1 Applicant/wife has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Civil Suit No. 873A/2024 (Amitesh Singh Vs. Smt. Rupali Singh) pending before the Principal Judge, Family Court, Bilaspur (CG) to the Family Court, Mungeli (CG). 2
Learned counsel for the applicant/wife submits that marriage of applicant / wife and respondent/husband was solemnized on 11-7-2024. After marriage, both the parties resided together only for 10 to 15 days, thereafter respondent/husband started harassing his wife due to demand of dowry and she has been compelled to live apart, therefore, she is residing Digitally signed by AVANISH KUMAR PATHAK Date: 2025.07.07 11:20:09 +0530
2 along with her parents at village Ghorpura, Tehsil and Distt. Mungeli. . Respondent has filed the civil suit bearing Civil Suit No. 873A/2024 under Section 10(1) of the Hindu Marriage Act, 1955 for judicial separation before Principal Judge, Family Court, Bilaspur. The applicant has filed one case against the respondent under the Domestic Violence Act before the District Court, Mungeli, though it has not been registered yet. Distance from Bilaspur to Mungeli is about 50 km and father of applicant is an old aged person. There is no other male member in the family to accompany her to travel from her village to Bilaspur. Hence, he prays that aforesaid civil suit may be transferred to Family Court, Mungeli. 3 On the other hand, learned counsel for the respondent/ husband submits that, applicant/wife herself has left his company without any reason upon insistence of her sister. Earlier, applicant had made various complainats against various persons. The distance from Mungeli to Bilaspur is also only about 50 km and there is direct bus connectivity between aforesaid two places. So far as case of Domestic violence Act is concerned, no notice has been served on him as yet. He further submits that, no sufficient reason has been assigned for transfer the civil suit, hence, instant TPC is liable to be dismissed. 4 Heard learned counsel for the parties and perused the material available in the transfer petition and the relevant provisions. 5 The grounds taken by the applicant/wife for transfer of the aforesaid civil suit pending before the Principal Judge, Family Court, Bilaspur are that, the applicant is residing along with her parents at
3 village Ghorpura, Distt. Mungeli, she has also filed a case against the respondent under the provisions of Domestic Violence Act, applicant’s father is an old aged person and there is no other male member to accompany her to travel to Bilaspur for attending the court proceeding.
Though in the matrimonial case, convenience of wife is to be looked into, but in the instant case, distance between Mungeli to Bilaspur is only 50 km., the applicant is a young lady of about 31 years, and there is no material on record, on strength of which, it can be said that applicant is unable to travel from Mungeli to Bilaspur which are well connected by road. 6 For the above reasons, this Court does not find any good ground for transfer of the aforesaid civil suit. Hence, the instant transfer petition is dismissed. 7 However, the The Principal Judge, Family Court Bilaspur is
directed to consider and decide the aforesaid civil suit as early as possible, preferably within a period of four months from the date of receipt of copy of this order. 8 No order as to costs. Sd/-
(Naresh Kumar Chandravanshi) Judge Pathak