Smt. Divya Jangde Vs Chatrasaal Kurre

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2026:CGHC:6482

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 190 of 2025

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Smt. Divya Jangde D/o Jeevanlal Jangde Aged About 24 Years R/o House No. 294/2, Ward No. 42, Village Gorkha, P.S.- Kotra Road, TahsilRaigarh, Dist.- Raigarh, C.G. Pin- 496001

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... Petitioner

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versus

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Chatrasaal Kurre S/o Kanhaiyalal Kurre Aged About 28 Years R/o Ward No. 5 Nagar Panchayat Nawagarh, Tahsil And Police Station- Nawagarh, District- Janjgir-Champa, C.G. Pin- 495557

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... Respondent

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(Cause-tile taken from the Case Information System)

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Digitally signed by AMARDEEP AMARDEEP CHOUBEY CHOUBEY Date: 2026.02.06 10:35:28 +0530

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For Petitioner	: Ms. Ruchika Agrawal, Advocate.
For Respondent	: Mr. Amit Singh Chouhan, Advocate.

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Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board

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05/02/2026

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1. By this petition, the petitioner is seeking the transfer of Civil Suit No.165A/2025, filed under Section 13(1) of the Hindu Marriage Act, 1955 pending before the learned Family Court Janjgir, District Janjgir-Champa to the learned Family Court Raigarh, District Raigarh, C.G.

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2. Learned counsel for the petitioner submits that the marriage between the parties was solemnized on 25.04.2024.Learned counsel submits that soon after the marriage, the petitioner was

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subjected to harassment by the respondent, as a result of which the petitioner informed her father and left the matrimonial home to reside at her parental house. Learned counsel further submits that the petitioner is having some health issue and it will be inconvenient for her to attend the proceedings before the Court of learned Family Court, Janjgir, District Janjgir-Champa, C.G. which is more than 100 km away from her present residing place, on the scheduled dates of hearing. Such travel imposes severe hardship upon the petitioner, therefore, the petition filed by the petitioner may be allowed.

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3. Learned counsel for the respondent opposes the prayer made in the petition.

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4. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto.

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5. 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:-

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" 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

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the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

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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.”

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6. Having regard to the submissions of learned counsel for the parties and in view of the aforesaid principles, this Court is inclined to allow the prayer made by the petitioner.

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7. Consequently, the Transfer Petition is allowed and it is ordered that Civil Suit No. 165A of 2025 which is pending before the Family Court Janjgir, District Jangjir-Champa C.G. be transferred to the learned Family Court Raigarh, District:Raigarh, C.G. for its trial/disposal in accordance with law.

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8. Further, the respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court.

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9. Both the parties are directed to remain present before the Court of learned Family Court Raigarh, District:Raigarh, C.G. on 09.03.2026.

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Amardeep

Smt. Divya Jangde v. Chatrasaal Kurre

Case brief

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Smt. Divya Jangde v. Chatrasaal Kurre

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