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2026:CGHC:22582

RUKHSAR

BANO NAFR

Digitally signed by

RUKHSAR BANO

HIGH COURT OF CHHATTISGARH AT BILASPUR

Date: 2026.05.14

10:48:37 +0530

TPC No. 208 of 2025

1 - Simran Yadav W/o Nimesh Yadav, Aged About 28 Years R/o Through Phul

Chand Yadav, Ganesh Enclave Colony, Choti Koni, Near Santosh Indian Oil

Petrol Pump, District Bilaspur (C.G.)

... Petitioner/Applicant

versus

1 - Nimesh Yadav S/o Anil Kumar Yadav, Aged About 27 Years R/o Sai Nagar

Urla, Nahar Nali Road, Tehsil And District Durg (C.G.)

... Respondent

(Cause title, as taken from Case Information System)

For Petitioner/Applicant : Mr. Sumit Singh Rathore, Advocate.

For Respondent : Ms. Ankita Gourha, Advocate.

(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order On Board

13/05/2026

1. The applicant/wife has filed the instant petition under Section 24 of the

Code of Civil Procedure, 1908 (for short ‘CPC’) seeking transfer of Civil

Suit No.A/913/2025 {Nimesh Yadav vs. Simran Yadav}, pending before

the learned 1^st Additional Principal Judge, Family Court, Durg (CG) to

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the learned Family Court, Bilaspur, District Bilaspur (CG).

2. Learned counsel for the applicant/wife would submit that marriage of

applicant/wife was solemnized with the respondent/husband on

12.12.2024 as per the Hindu rituals and customs. Subsequently, their

relation became sore, and the applicant/wife is residing along with her

parents at Bilaspur. He would further submit that respondent/husband

has filed an application under Section 12 of the Hindu Marriage Act,

1955 (henceforth referred to as the ‘Act, 1955’) for annulment of

marriage, which is pending as Civil Suit No.A/913/2025 before learned

1^st Addl. Principal Judge, Family Court, Durg. He further submitted that

the applicant/wife has filed an application under Section 144 of the

Bhartiya Nagarik Suraksha Sanhita (for short “BNSS”) seeking

maintenance before the Principal Judge, Family Court, Bilaspur (CG)

and an application under Section 9 of the Act, 1955 for restitution of

conjugal rights before the Principal Judge, Family Court, Bilaspur. The

applicant/wife has also lodged an FIR against respondent/husband in

Mahila Thana, Bilaspur bearing Crime No.57/2025 for the offences

punishable under Sections 85, 115(2) and 3 (5) of the Bhartiya Nyaya

Sanhita, 2023 (for shot ‘BNS’), in which the charge sheet has already

been filed before the concerned Judicial Magistrare at Bilaspur.

Learned counsel further submitted that the distance between Bilaspur

and Durg is about 150-200 km and, being a lady with no independent

source of income, it would be difficult for the applicant/wife to travel

such long distance, whereas if application (for declaration of marriage

as ‘null and void’) is transferred from Durg to Bilaspur, then it would

also be convenient for respondent /husband, as he is already attending

proceedings in the aforesaid three cases at Bilaspur. Therefore, it is

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prayed that the said application may be allowed and Civil Suit

No.A/913/2025 filed by respondent/husband be transferred from the

Court of 1^st Additional Principal Judge, Family Court, Durg to the Family

Court, Bilaspur, District Bilaspur (CG).

3. Per Contra, learned counsel for the respondent/husband, referring to

the reply, would submit that the applicant/wife is well-educated,

professionally qualified, and financially independent. She was

appointed as a Pre-Sales Consultant (Executive / Level 1A) with Power

of Flow Realty LLP, Bangalore, vide appointment letter dated

27.01.2023, and was drawing a substantial annual compensation of

approximately Rs.4,66,000/-, with a monthly gross salary of around

Rs.30,500/- and a net salary of approximately Rs.28,000/-. It is

therefore contended that the applicant, being an educated and

qualified lady, would not face any difficulty in travelling from Bilaspur to

Durg. She further submitted that the applicant/wife has not disclosed

any genuine or compelling ground warranting transfer of case. She

also placed reliance on the case Maneka Sanjay Gandhi v. Rani

Jethmalani, {(1979) 4 SCC 167}