Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:1364
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR T.P(C) No.175 of 2025 Shruti Chaturvedi W/o Harshvardhan Tiwari Aged About 30 Years R/o House No.200, Gauravpath Ward No.16, Shikari Para Balod, Distt.- Balod, Current Address - Office Of Municipal Corporation Zone No.03, Sector-1, Near Tower Tank, Shankar Nagar Govind Nagar, Raipur, Distt.- Raipur (C.G.)
... Petitioner versus Harshvardhan Tiwari S/o Rajivanayan Tiwari Aged About 32 Years R/o Rajyashri Bhawan Mahatma Gandhi Ward, Naveen Colony, Farasgaon, Teh. Farasgaon, Distt.- Kondagaon (C.G.) ... Respondent For Petitioner : Shri Pragalbha Sharma along with Ms. Ruchi Nagar, Advocate. For Respondent : Shri Shobhit Koshta, Advocate. Hon'ble Shri Justice
Deepak Kumar Tiwari
Order on Board 09.01.2026
1. The instant Petition under Section 24 of the Code of Civil Procedure, 1908 has been filed by the Petitioner/wife to transfer SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.01.09 15:19:57 +0530
2 Civil Suit No.30-A/2025 from the Family Court, Kondagaon to the Family Court, Raipur. 2. Briefly stated, the parties were married to each other on 02.12.2024 according to Hindu rites and customs and resided at Farasgaon having no children out of the said wedlock. It is alleged that the Petitioner/wife was subjected to cruelty on account of demand of dowry and that the Respondent/husband attempted to physically and sexually assault her, causing severe trauma, due to which she was compelled to leave the matrimonial home. 3. Shri Sharma submits that the Petitioner/wife is a resident of Balod and is working at Municipal Corporation, Raipur on the post of Engineer. He further submits that distance between Family Courts, Kondagaon and Raipur is about 229 kms and it is very difficult for the Petitioner/wife to travel all the way from Raipur to Kondagaon. He lastly submits that the Petitioner/wife has recently suffered fracture at upper end tibia and has not yet fully recovered from such injury, therefore, the said case may be transferred as prayed for. 4. Shri Kosta has vehemently opposed the aforesaid prayer. 5. In the matter of Rajani Kishore Pardeshi v. Kishore Babulal Pardeshi reported in (2004) 15 SCC 237, it has been held that in such cases, the convenience of wife is to be preferred over the convenience of husband. 3
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In view of above and having considered the facts and circumstances of the case, looking to the hardship being faced by the Petitioner/wife, this Court deems it appropriate to transfer Civil Suit No.30-A/2025 from the Family Court, Kondagaon to the Family Court, Raipur. Ordered accordingly. The parties are directed to appear before the Family Court, Raipur on 24.03.2026 for further proceedings. However, liberty is reserved in favour of the Respondent/husband to participate in the proceedings through virtual mode, unless otherwise directed by the concerned Court. The Family Court, Kondagaon shall transfer the record to the Family Court, Raipur immediately and the said Court shall expedite hearing of the case. 7. Accordingly, the instant Transfer Petition is allowed. Sd/-
(Deepak Kumar Tiwari) Judge Priya