Smt. Asha Yadav Vs Shri Paras Yadav

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2026:CGHC:16413

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 205 of 2025

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Digitally signed bySHOAIB SHOAIB ANWAR ANWAR Date:2026.04.09 17:03:26 +0530

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Smt. Asha Yadav W/o Shri Paras Yadav Aged About 33 Years D/o Shri Jagdish Yadav, R/o Village- Sarbhonkha, Post- Nagpur, P.S. - Pondi, Tehsil- Manendragarh, District- Koriya, (C.G.)

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... Petitioner(s)

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versus

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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.)

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... Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Shri Ankit Kumar Shahwal, Advocate appearing through Video conferencing.

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Hon’ble Shri Bibhu Datta Guru, Judge

Order on Board

09/04/2026

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Heard Shri Ankit Kumar Shahwal, learned counsel for the applicant/petitioner appearing through Video conferencing.

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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.

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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.).

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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.

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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.

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After his release, instead of supporting the petitioner, the respondent allegedly assaulted her and levelled false allegations

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regarding her character.

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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.

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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

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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.

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Heard learned counsel for the applicant/petitioner and perused the material available on record.

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In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik

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(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

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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.

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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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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.

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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.

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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.

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Both the parties are directed to appear before the learned Family Court, Manendragarh on 12.05.2026 .

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Sd/-

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(Bibhu Datta Guru) JUDGE

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Shoaib

Smt. Asha Yadav v. Shri Paras Yadav

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Smt. Asha Yadav v. Shri Paras Yadav

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