1 2026:CGHC:21544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 71 of 2026 Smt. Shweta Rani Kashyap W/o Shri Manish Kumar Kashyap, D/o Shri Rajkumar Shandilya Aged About 32 Years Presently Aged About 32 Years, R/o Gram Panchayat Nariyara, Near Ramgudi Chowk, Police Station Mulmula, District Janjgir-Champa, Chhattisgarh (Correct Address) ... Petitioner(s) versus Manish Kumar Kashyap S/o Late Shri Champalal Kashyap presently Aged About 38 Years R/o House Of Shri Toran Singh Kaushal, Awas No. M- 11, Ompur Colony, Korba, Police Chowki Rajgamar, Police Station Balco, District Korba, Chhattisgarh Mo. 8821996249 ---- Respondent -------------------------------------------------------------------------------------------- For the Petitioner : Mr. Aman Tamboli, Advocate. -------------------------------------------------------------------------------------------- Hon'ble Shri Naresh Kumar Chandravanshi, Judge Order on Board 08.05.2026 1. Heard on admission. 2. The instant petition is admitted for hearing. 3. The petitioner/wife has filed this transfer petition under Section 24 of the CPC with following relief/prayer: 2 “It is therefore prayed that this Hon'ble Court be pleased to allow this petition and transfer the divorce case Civil Suit No.94A/2024 "Manish Kumar Kashyap vs. Smt. Shweta Rani Kashyap" from Family Court Korba, District Korba to Family Court at Janjgir, District Janjgir-Champa, in the interest of justice. This Hon'ble Court be further pleased to pass such other orders as it may deem fit under the facts and circumstances of the case in favor of the petitioner against the respondent.” 4. The relevant facts for disposal of the present petition are that the marriage between the petitioner and the respondent was solemnized on 21.11.2021 in accordance with Hindu rites and rituals at Village Nariyara, District Janjgir-Champa. Thereafter, the parties cohabited at Malhar, Police Station Masturi, Tehsil Masturi, District Bilaspur, Chhattisgarh. Due to certain matrimonial disputes having arisen between the parties, the respondent-husband instituted a petition seeking dissolution of marriage by a decree of divorce before the Family Court, Korba on 10.06.2024, which came to be registered as Civil Suit No.94A/2024 titled “Manish Kumar Kashyap vs. Smt. Shweta Rani Kashyap”, and the same is presently pending adjudication before the said Court. 3 5. Learned counsel appearing for the petitioner submits that though the respondent-husband has filed Civil Suit No.94A/2024 before the Family Court, Korba seeking a decree of divorce, but neither the parties had ever resided within the territorial jurisdiction of Korba nor their marriage was solemnized there. The parties had lastly resided together at Malhar, District Bilaspur, Chhattisgarh, and their marriage was solemnized at Village Nariyara, District Janjgir-Champa. In view of the provisions contained under Section 19 of the Hindu Marriage Act, 1955, the Family Court, Korba lacks territorial jurisdiction to entertain and adjudicate the said civil suit. Hence, the petitioner has approached this Court seeking the aforesaid relief. 6. Upon a specific query being put to the learned counsel for the petitioner as to whether such objection regarding territorial jurisdiction had been raised before the Family Court, Korba, he fairly admitted that no such objection has yet been raised before the said Court. 7. Since the ground now urged by the petitioner-wife has not been raised or considered before the Family Court, Korba, this Court is not inclined to entertain the present petition at this stage. 8. Accordingly, the petition stands disposed of granting liberty to the petitioner to raise the aforesaid objection before the Family 4 Court, Korba, Chhattisgarh. 9. It is further observed that in the event an appropriate application raising the said objection is filed by the petitioner- wife before the Family Court, the concerned Court shall consider and decide the same expeditiously, preferably within a period of 30 days from the date of receipt of a copy of this order. CC as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE J/-