Dismissed¶23

Smt. Deepti Singh v. Shri Ankit Singh

Chhattisgarh HC9 Feb 2025TPC/217/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; TPC No. 217 of 2024; Section 24 CPC transfer petition; matrimonial dispute; wife's convenience; petitioner wife without source of income residing at Durg; respondent's divorce case Civil Case No. 781/2024 before Family Court, Raipur; distance Raipur-Durg about 35 kms; direct road and train connectivity; transfer refused; transfer petition dismissed as devoid of substance; interim applications disposed of; no order as to costs; Justice Naresh Kumar Chandravanshi; decided 10-02-2025; marriage 25.11.2022 at Bhilai; wife left matrimonial home 15.4.2023.

What did the court decide?

Considering that the distance between Durg and Raipur is about 35 kms with direct road and train connectivity, there is no good ground to transfer the civil case from Raipur to Durg. ¶21

Smt. Deepti Singh Vs Shri Ankit Singh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:7265

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

TPC No. 217 of 2024

¶6

Smt. Deepti Singh, Aged About 28 Years, W/o Ankit Singh D/o Dilip Singh, R/o House No. 1317, Street No. 26, Shanti Nagar, Bhilai, District Durg, Chhattisgarh. Mob. No. 8349339211

¶7

... Petitioner

¶8

versus

¶9

Shri Ankit Singh S/o Late Kamlesh Kumar Singh Aged About 33 Years R/o B-79, Kamal Vihar, Sector 1, Raipur, District Raipur, Chhattisgarh. Mob. No. 9109693332

¶10

... Respondent

¶11

--------------------------------------------------------------------------------------------For Petitioner : Mr. Tanmay Choudhary, Advocate. For Respondent : Mr. Harshmandar Rastogi, Advocate.

¶12

Hon'ble Mr. Justice Naresh Kumar. Chandravanshi

¶13

Order On Board 10-02-2025

¶14

Heard.

¶15

1. Petitioner /wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 for transfer of Civil Case No. 781/2024 (Ankit Singh Vs. Deepti Singh) pending before Principal Judge, Family Court, Raipur to the Court of Principal Judge, Family Court, Durg (C.G.)

¶16

2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 25.11.2022 as per Hindu rites and rituals at Bhilai, District Durg (C.G.).

¶17

¶18

It is submitted that since there was no mutual liking between both the parties, therefore, petitioner/wife herself left company of respondent/husband since 15.4.2023 and residing alongwith her parents at Durg. He further submits that the respondent/husband has filed divorce petition bearing Civil Case No. 781/2024 at Principal Judge, Family Court, Raipur but, as the petitioner/wife has no source of income, therefore, she is unable to come to Raipur to attend the hearing of the aforesaid civil suit, therefore, it is prayed that this petition may be allowed and the Civil Case No. 781/2024 (Ankit Singh Vs. Deepti Singh) pending before Principal Judge, Family Court, Raipur may be transferred to Principal Judge, Family Court, Durg

¶19

3. In reply, counsel for the respondent/husband would submit that after marriage, the petitioner/wife resided with respondent /husband for about 4-5 months but she never allowed him to consummate stating that she is having affair with some other person prior to marriage, but she has performed marriage due to pressure of her parents for the same. He further submits that distance between Raipur to Durg is only 35 kms. and there is direct connectively between two places through road as well as by Train. He further submits that parents of petitioner is well to do in respect of financial status, therefore, the transfer petition is liable to be dismissed.

¶20

4. I have heard learned counsel for the parties and perused the material available on record.

¶21

5. Having considered the distance between Durg to Raiput is about 35 kms. only and there is direct connectivity between two places through Road as well as by Train, hence, I do not find any good ground to transfer

¶22

¶23

the aforesaid civil case from Raipur to Durg. Hence, the transfer petition, being devoid of substance, is liable to be and is hereby dismissed.

¶24

6. In view of above order, pending interim application, if any, stands disposed of. No order as to costs.

¶25

Sd/-

¶26

(Naresh Kumar Chandravanshi) Judge

¶27

Amit/-

¶28