Smt. Savitri Yadav Vs Rajeev Kumar

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1

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2025:CGHC:7838

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Digitally signed by AVANISH KUMAR PATHAK Date: 2025.02.18 10:27:12 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 3 of 2025

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1 - Smt. Savitri Yadav W/o Rajeev Kumar Yadav Aged About 31 Years Permanent Address - Village - Post Kotra Tahsil And District Raigarh (C.G.). --- Present Address - Mahapatre Colony Jashpur Tahsil And District Jashpur (C.G.) --- (Defendant).

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... Applicant

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versus

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1 - Rajeev Kumar S/o Tribhuvan Lal Yadav Aged About 33 Years Occupation - None, Presently Studying --- R/o Village - Post Kotra Tahsil And District Raigarh (C.G.). --- (Plaintiff).

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... Respondent

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For applicant : Mr. Rohitashva Singh, Adv. For Respondent : Mr. Amit Chauhan, Adv.

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( Hon'ble Shri Naresh Kumar Chandravanshi, J.)

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Order on Board

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13/02/2025

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1. Applicant/wife has preferred this TPC under Section 24

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of the Civil Procedure Code (in short 'CPC') for transfer of Civil Suit No. 284-A/2024 (Rajeev Kumar Vs. Smt. Savitri Yadav) pending before the Court of Judge, Family Court, Raigarh (CG) to the Family Court, Jashpur (CG).

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2

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2. Learned counsel for the applicant/wife would submit that marriage of applicant/wife and respondent/husband was solemnized on 11-6-2023. She resided along with her husband for about 8 months. Thereafter, respondent and his family members started harassing her on demand of dowry, as such, she has been compelled to live apart from the respondent. It is further submitted that the respondent/husband has filed divorce petition bearing Civil Suit No. 284-A/2024 before the Family Court, Raigarh. Distance from Jashpur to Raigarh is 210 km, as such, it would be difficult for the applicant to travel from Jashpur to Raigarh to attend court proceedings. It is prayed that the divorce petition filed by the respondent before Family Court, Raigarh be transferred to Family Court, Jashpur.

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3. Per contra, learned counsel for the respondent submits that the applicant and respondent are permanent resident of Raigarh, but since sister of applicant is working at Civil Court, Jashpur, therefore, the applicant is seeking transfer of the divorce petition from Raigarh to Jashpur whereas there is house of the applicant and her family at Raigarh where they reside. There is also frequent bus service between these 2 places. Therefore, the instant TPC may be rejected.

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4. Heard learned counsel for the parties and perused the material available in the transfer petition.

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5. The ground taken by the applicant for transfer of divorce petition pending before the Family Court, Raigarh is that distance from

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Jashpur to Raigarh is 210 km. But as there is frequent bus service between Raigarh to Jashpur, therefore, it would not be difficult for the applicant to attend the court proceedings at Raigarh. No other reasonable ground has been shown by the applicant for transfer of divorce petition from Raigarh to Jashpur.

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6. For the above reasons, this Court does not find any good ground for transfer of the aforesaid divorce petition. Hence, the instant transfer petition is dismissed.

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7. No order as to cost(s).

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Sd/(Naresh Kumar Chandravanshi) Judge

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Pathak

Smt. Savitri Yadav v. Rajeev Kumar

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Smt. Savitri Yadav v. Rajeev Kumar

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