1 2026:CGHC:5434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 167 of 2025 Smt. Uma Mannewar D/o Neteram Mannewar, W/o Dharmesh Mannewar Aged About 33 Years R/o House No. 343, Ward No. 22, Sangam Chowk, Charoda, Bhilai, District Durg (C.G.) ... Petitioner versus Shri Dharmesh Mannewar S/o Shivprasad Mannewar Aged About 35 Years R/o Gram Amaldiha, Post Umreli, P.S. Urga, District Korba (C.G.) ... Respondent (Cause-tile taken from the Case Information System) For Petitioner : Mr. Achal Sahu, Advocate. For Respondent : Mr. Abhishek Choubey, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 31/01/2026 1. By this petition, the petitioner is seeking the transfer of Civil Suit No. 104A/2025 filed under Section 13(i)(i-b) of the Hindu Marriage Act, 1955 pending before the learned Family Court, Korba, C.G. to the learned Family Court Durg, C.G. 2. Learned counsel for the petitioner submits that the marriage between the petitioner and respondent were solemnized on 29.04.2017 under Hindu customs. After some time of marriage, the relationship between the petitioner and the respondent turned bitter, giving rise to matrimonial disputes. In consequence thereof, criminal AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.01.31 16:19:04 +0530 2 proceedings arising out of the said matrimonial dispute, namely FIR No. 0098/2023, are pending before the competent authorities at Durg. Proceedings under the Protection of Women from Domestic Violence Act, 2005, as well as maintenance proceedings under Section 125 of the Code of Criminal Procedure, are also pending before the courts at Durg. Learned counsel further submits that the petitioner is a resident of Bhilai, District Durg, Chhattisgarh, and has no independent source of livelihood, being economically dependent upon her family. The distance between Bhilai (District Durg) and Korba is approximately 248 kilometers. Such travel imposes severe hardship upon the petitioner, therefore, the petition filed by the petitioner may be allowed. 3. Learned counsel for the respondent opposes the prayer made in the petition. 4. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 5. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199) the Hon’ble Supreme Court has observed that generally it is wife’s convenience which must be looked at while considering transfer. The relevant portion of the aforesaid judgment is reproduced hereunder:- "9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, 3 their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. 10.Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” 6. Having regard to the submissions of learned counsel for the parties and in view of the aforesaid principles, this Court is inclined to allow the prayer made by the petitioner. 7. Consequently, the Transfer Petition is allowed and it is ordered that Civil Suit No.104A/2025 which is pending before the learned Family Court, Korba, C.G. be transferred to the learned Family Court Durg, C.G. for its trial/disposal in accordance with law. 8. Further, the respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court. 9. Both the parties are directed to remain present before the Court of learned Family Court, Durg, C.G. on 26.02.2026. SD/- (Bibhu Datta Guru) Judge Amardeep