[Cites 4, Cited by 0]
Chattisgarh High Court
Smt. Jaya Dewangan vs Abhishek Dewangan on 26 February, 2026
1
2026:CGHC:10089
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 152 of 2025
Smt. Jaya Dewangan W/o Abhishek Dewangan Aged About 29 Years
R/o Near Lovely Care School Durpa Road, Purani Basti, Korba, Tah-
And Dist- Korba (C.G.)
... Petitioner(s)
SHOAIB versus
ANWAR
Digitally signed
by SHOAIB
ANWAR
Date: 2026.02.27
14:29:21 +0530
Abhishek Dewangan S/o Late Shri Kartikeshwar Dewangan Aged
About 32 Years R/o Rajiv Nagar, Street No.01, Near Milk Dairy, Kotra
Road, Raigarh, Dist- Raigarh (C.G.)
... Respondent(s)
For Petitioner(s) : Shri Sahil Sahu, Advocate.
For Respondent(s) : Ms. Sangeeta Kaushik, Advocate
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
26/02/2026
1. 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. F-95-A/2025 filed under Section 13(1)
(ia) of the Hindu Marriage Act, 1955 by the
respondent/husband, which is pending before the learned
Judge, Family Court, Raigarh (C.G.), to the Court of learned
Judge, Family Court, Korba (C.G.).
2. The petitioner and the respondent are legally wedded
husband and wife. Their marriage was solemnized on
21.04.2024 at Korba (C.G.) in accordance with Hindu rites and
customs. After marriage, the petitioner started residing with
the respondent at his matrimonial home at Raigarh (C.G.).
3. It is the case of the petitioner that soon after marriage she
was subjected to physical and mental cruelty by the
respondent/husband and her mother-in-law, Smt. Purnima
Dewangan. It is alleged that she was harassed without any
fault on her part and was subjected to such treatment that
she apprehended danger to her life and limb. Ultimately, she
was compelled to leave her matrimonial home on 05.03.2025
and since then she has been residing at her parental house at
Korba. The petitioner has no independent source of income
and is fully dependent upon her parents for her livelihood.
4. The respondent/husband has filed an application under
Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking
dissolution of marriage before the learned Judge, Family
Court, Raigarh, which has been registered as Civil Suit No. F-
95-A/2025. In the said petition, the respondent has made
allegations against the petitioner regarding cruelty and
misconduct and has sought a decree of divorce. Notice has
been issued to the petitioner and the matter is presently fixed
for filing of reply.
5. It is further submitted that the petitioner has filed an
application under Section 144 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking maintenance before the
learned Principal Judge, Family Court, Korba, which is
registered as MJC No. 70/2025 and is pending consideration.
Notice has already been issued to the respondent in the said
proceedings.
6. It is also brought on record that the petitioner has instituted
proceedings under Section 12 of the Protection of Women
from Domestic Violence Act, 2005 before the learned Judicial
Magistrate First Class, Korba, against the respondent and her
mother-in-law, which is registered as MJC (Criminal) No.
5727/2025 and is pending adjudication.
7. Learned counsel for the petitioner submits that the petitioner
is a permanent resident of Korba and Raigarh is situated at a
distance of more than 100 kilometers from her residence.
There is no direct convenient mode of transport available
between Korba and Raigarh. The petitioner is residing with
her aged parents and her father is suffering from ill health.
She has no independent source of income and is not in a
position to travel alone to Raigarh on each and every date of
hearing. It is further contended that the transfer of the case
from Raigarh to Korba would not cause any prejudice to the
respondent and would also avoid multiplicity of proceedings,
as other litigations between the parties are already pending at
Korba.
8. Heard learned counsel for the 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. Having regard to the submissions made and considering that
the petitioner is residing at Korba, has no independent source
of income, and other proceedings between the parties are
already pending at Korba, this Court is of the opinion that
ends of justice would be served if the matrimonial case
pending at Raigarh is transferred to Korba.
11. Accordingly, the transfer petition is allowed. Civil Suit No. F-
95-A/2025 pending before the learned Judge, Family Court,
Raigarh (C.G.) is hereby transferred to the Court of learned
Judge, Family Court, Korba (C.G.) for its trial and disposal in
accordance with law.
12. Both the parties are directed to remain present before the
Family Court, Korba on 30.03.2026.
Sd/-
(Bibhu Datta Guru)
JUDGE
Shoaib
