Extracted from the PDF above. The PDF is authoritative.
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CGHC010270702026
2026:CGHC:37048
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 115 of 2026 Smt. Ladly Yadav W/o Aayush Yadav, D/o- Deepnath Yadav, Aged About 29 Years R/o House No. 16, Ward No. 23, Near C S E B Colony, Station Road, Champa P. S. Janjgir-Champa (C.G.) (Age Of Petitioner Wrongly Mentioned In Annexure P/1 And P/3)
... Petitioner versus Dr. Aayush Yadav S/o Dr. Rajendra Kumar Yadav, Aged About 35 Years R/o H. N. A- 04, Green Valley Colony, Behind Chhattisgarh Hotel, Vishal Nagar, Telibandha, P. O. Ravigram, P. S. Telibandha, District - Raipur (C.G.)
... Respondent For Petitioner : Mr. Pratik Modi, Advocate For Respondent : Mr. Shikhar Agnihotri, Advocate
(Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board 19.08.2026
1. The petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Case No. HMA/291/2026 (Dr. Aayush Yadav vs. Ladly Yadav) pending before First Additional Principal Judge, Family Court, Raipur, Distt. Raipur (CG) to Family Court Janjgir, Distt. Janjgir-Champa (CG).
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Learned counsel for the petitioner submits that marriage of petitioner/wife was solemnized with the respondent/husband on 21.01.2025 according to the Hindu rites and rituals. It is submitted that within one month of the marriage, dispute BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.08.20 15:44:35 +0530
2 erupted between the parties and thereafter, they have been residing separately since August 2025. The respondent filed divorce petition bearing HMS/291/2026 before the First Additional Principal Judge, Raipur, giving rise to instance transfer petition.
3. The learned counsel for the petitioner/wife submits that the petitioner has filed application under Section 9 of the Hindu Marriage Act, 1955 (for short ‘the Act 1955’) before Family Court, Janjgir, which is registered as Civil Suit No. A/253/2025. He further submits that the petitioner has been posted as teacher at Sukridabri, Bagbahera, Distt. Mahasamund since August 2025, whereas, the respondent/husband is posted as Assistant Surgeon (Veterinary) at Sirpur Hospital, Distt. Mahasmaund. He further submits that since civil suit filed by the wife under Section 9 of the Act 1955 is pending before the Family Court, Janjgir, hence, divorce petition filed by the husband may also be transferred from Family Court Raipur to Family Court, Janjgir.
4. The respondent has filed his reply. Referring to the reply, learned counsel for the respondent submits that both the parties are residing separately at different places in District Mahasamund. Though the petitioner has filed application under Section 9 of the Act 1955 before Family Court Janjgir, but since both the parties are presently residing in Mahasamund, therefore, it would be convenient for the petitioner also to attend the proceedings in divorce petition filed by the husband before the Family Court, Raipur as Janjgir is farther from Mahasamund than Raipur for both the parties. Hence, it is prayed that the transfer petition may be rejected.
5. I have heard learned counsel for the parties and perused the material placed on record.
6. As contended by both the parties, they are posted at different places in District Mahasamund and divorce petition filed by the husband is pending
consideration before Family Court Raipur. In the circumstance, it would be convenient for both the parties to attend the proceedings before Family Court, Raipur rather than travel from Mahasamund to Janjgir.
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7. Having considered the aforesaid facts, this Court is not inclined to allow the instant transfer petitioner, and the same is accordingly dismissed.
8. In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi)
Judge Bini