[Cites 5, Cited by 0]
Chattisgarh High Court
Smt. Asha Yadav vs Shri Paras Yadav on 9 April, 2026
1
2026:CGHC:16413
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 205 of 2025
Smt. Asha Yadav W/o Shri Paras Yadav Aged About 33 Years D/o Shri
Digitally
signed by
SHOAIB
SHOAIB ANWAR
Jagdish Yadav, R/o Village- Sarbhonkha, Post- Nagpur, P.S. - Pondi,
ANWAR Date:
2026.04.09
17:03:26
Tehsil- Manendragarh, District- Koriya, (C.G.)
+0530
... Petitioner(s)
versus
Shri Paras Yadav S/o Shri Ramlochan Yadav Aged About 37 Years
R/o Yadav Para, Village- Bhatko, Post- Batauli, Tehsil- Sitapur,
District- Sarguja, (C.G.)
... Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Shri Ankit Kumar Shahwal, Advocate
appearing through Video conferencing.
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
09/04/2026
1. Heard Shri Ankit Kumar Shahwal, learned counsel for the
applicant/petitioner appearing through Video conferencing.
2. On 17.12.2025, notice was issued to the respondent. As per the
office report, the notice issued by this Court has been duly
served upon the respondent; however, none has appeared on
behalf of the respondent.
3. The instant petition has been filed under Section 24 of the Code
of Civil Procedure, 1908 by the petitioner/wife seeking transfer
of Civil Suit No. A/182/2025 (Paras Yadav v. Asha Yadav) filed by
the respondent/husband under Section 13(1)(a) & (b) of the
Hindu Marriage Act, 1955, pending before the learned Principal
Judge, Family Court, Ambikapur, District Sarguja (C.G.), to the
learned Family Court, Manendragarh, District Koriya (C.G.).
4. The petitioner and respondent are legally wedded spouses,
whose marriage was solemnized on 09.06.2019 at Village
Sarbhonkha, District Koriya (C.G.) as per Hindu rites and
customs.
5. It is the case of the petitioner that soon after the marriage, the
behaviour of the respondent and his family members became
cruel and abusive. The respondent was allegedly incarcerated
for about two years, during which period the petitioner was
subjected to harassment and indecent behaviour by her in-laws.
After his release, instead of supporting the petitioner, the
respondent allegedly assaulted her and levelled false allegations
regarding her character.
6. It is further submitted that the petitioner was subjected to
demand of Rs.10,00,000/- and physical as well as mental cruelty.
A specific incident dated 11.02.2025 has been narrated, wherein
the petitioner and her family members were allegedly assaulted
by the respondent and his family members, leading to lodging of
a police complaint.
7. Learned counsel for the petitioner submits that the petitioner is
presently residing at her parental home at Village Sarbhonkha,
Post-Nagpur, District Koriya (Manendragarh), and has no
independent source of income. It is submitted that an order of
granting maintenance has been passed by the learned Family
Court, Manendragarh; however, the respondent has failed to
comply with the said order. Due to non-payment of
maintenance, the petitioner has initiated proceedings under
Section 144(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
for recovery/execution of the maintenance amount, which are
presently pending before the learned Family Court,
Manendragarh, where her presence is required on each date of
hearing. It is contended that if the present divorce petition is
transferred to the same Court, it would avoid multiplicity of
proceedings and prevent unnecessary hardship. It is further
submitted that the distance between Manendragarh and
Ambikapur is approximately 122-150 kilometers, and it is
extremely difficult for the petitioner to travel such distance on
every date of hearing, particularly in view of her financial
condition, medical condition, and lack of support.
8. Heard learned counsel for the applicant/petitioner and perused
the material available on record.
9. 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, 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."
10. In the present case, it is not in dispute that the petitioner is
residing at Manendragarh and is dependent upon her parents. It
is also evident that she has already initiated maintenance
proceedings at Manendragarh and the respondent has not
complied with the maintenance order. The distance between the
two places is considerable.
11.Considering the overall facts and circumstances of the case,
particularly the financial constraints of the petitioner, the
distance involved, and the settled legal position that the
convenience of the wife is to be given preference, this Court is of
the opinion that the balance of convenience lies in favour of the
petitioner.
12. Accordingly, the transfer petition is allowed. Civil Suit No.
A/182/2025 titled (Paras Yadav v. Asha Yadav,) pending before
the learned Principal Judge, Family Court, Ambikapur, District
Sarguja (C.G.), is hereby transferred to the learned Family Court,
Manendragarh, District Koriya (C.G.) for its trial and disposal in
accordance with law.
13. Both the parties are directed to appear before the learned
Family Court, Manendragarh on 12.05.2026.
Sd/-
(Bibhu Datta Guru)
JUDGE
Shoaib
