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2026 DAILYLAW 33723 (CHH)

SMT. MANSI v. TANUJ KUMAR RAJPUT

TPC/80/2026 · 2026-08-16

Shri Naresh Kumar Chandravanshi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010206112026 2026:CGHC:36452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 80 of 2026 Smt. Mansi W/o Shri Tanuj Kumar Rajput S/o Shyam Singh Aged About 28 Years R/o Village- Chhal Police Station And Tahsil Chhal District- Raigarh (C.G.) Presently Resident At- Village Kathrimal Post- Tarda Tahsil Barpali Presently District- Korba (C.G.) ... Applicant versus Tanuj Kumar Rajput S/o Upendra Singh Rajput Aged About 31 Years Caste- Rajput- R/o Village- Chhal Police Station And Tahsil - Chhal District- Raigarh (C.G.) ... Respondent {Cause title, as taken from CIS} For Applicant : Mr. Utkarsh Patel, Advocate. For Respondent : Mr. Vivek Kumar Shrivastava, Advocate. Respondent / husband is also present in person. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 17/08/2026 Heard. 1. Petitioner / wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No. 43-A/2025 (Tanuj Kumar Rajput vs. Smt. Mansi) pending before District Judge, Gharghola, District Raigarh (C.G.) to the Court of Principal Judge, Family Court, Korba, District Korba (C.G.). 2. Facts of the case, in brief, are that marriage of the petitioner was solemnized with respondent on 23.02.2022, thereafter, they were residing at 2 Kusmunda, as respondent / husband is an employee of SECL. Kusumunda. Since father of the petitioner is suffering from cancer and no-one is there in the family look after him, therefore, the petitioner is residing alongwith her parents at village Kathrimal, Tahsil & District Korba (C.G.) since November, 2022 as a caretaker. Since the petitioner / wife has left the company of respondent / husband, therefore, the respondent / husband has filed divorce petition bearing Civil Suit No. 43-A/2025 (Tanuj Kumar Rajput vs. Smt. Mansi) before Family Court, Gharghoda, District Raigarh (C.G.), which give rise to file instant transfer petition. 3. Learned counsel appearing for the applicant / wife would submit that presently the petitioner is residing at village Kathrimal, Tahsil & District Korba and the Gharghoda is about 110 kms. from village Kathrimal, therefore, it would be difficult for the petitioner to travel such long distance, hence, he submits that divorce case bearing Civil Suit No. 43-A/2025 may be transferred from the Family Court, Gharghoda, District Raigarh to the Principal Judge, Family Court Korba, District Korba (C.G.). 4. Per contra, learned counsel for the respondent / husband would submit despite several efforts made by the applicant's counsel to ensure compliance with this Court's orders dated 31.07.2026 and 12.08.2026, the applicant/wife has not appeared before this Court. He further submits that the petitioner /wife has left the company of respondent / husband without any valid and sufficient reason. He further submits that the respondent/ husband also tried to bring her back about five times, despite that petitioner/wife is not ready to join the company of respondent/ husband, rather the petitioner/wife still wishes to keep her with him. He further submits that there is direct bus connectivity from residential place of petitioner to Ghargholda, even he is ready to bear the travelling expenses of petitioner / wife. Hence, he submits that transfer petition filed by the petitioner/wife may be rejected. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Though in the matrimonial dispute, convenience of the wife ought to have been seen in transferring the cases, but in the instant petition despite direction of this Court in two times, the petitioner/wife did not appear in Court today, whereas the respondent/husband appeared in person. 6. Having considered the totality of the facts of the case, particularly, contention putforth by counsel for the respondent / husband, this Court is not inclined to allow the transfer petition filed by the petitioner / wife. Hence, the same is liable to be and is hereby rejected. 7. Accordingly, the transfer petition fails and is hereby dismissed. 8. Pending interlocutory application (s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.08.20 12:41:48 +0530