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TPC No. 28 of 2024 • Chhavi Agrawal W/o Sandeep Agrawal Aged About 35 Years R/o Lig 46, Sarita Bhawan, Sada Colony, Jamnipali, Korba, District Korba, C.G., Presently Residing At Ward No. 11, Hanuman Chowk, Village- Bijuri, District : Anuppur, Madhya Pradesh

---- Petitioner Versus

1. Sandeep Agrawal S/o Shri Niranjan Lal Agrawal Aged About 36 Years R/o Nagoikhar Ward No. 52, Irrigation Colony, Darri, Tehsil- Darri, District : Korba, Chhattisgarh

9. Umashankar Agrawal Aged About 48 Years R/o Ratanpur, Post Ratanpur, District - 

     Bilaspur, Chhattisgarh.                                ---- Respondents



     For Petitioners            :      Mrs. Binu Sharma, Advocate
     For Respondents            :      Mr. Pawan Shrivastava, Advocate


                    Hon'ble Shri Justice Arvind Kumar Verma

                                    Order on Board

09/05/2024

1. Both the petitions under Section 24 of the Code of Civil Procedure (for short "CPC") have been iled by the petitioner-wife in TPC No. 25/2024 seeking relief of transfer of petition bearing Case No. 129-A/2021 (Sandeep Agrawal Vs. Smt. Chhavi Gupta) preferred by the respondent-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short the "Act of 1955") for grant of decree of judicial separation of marriage before the learned Principal Judge, Family Court, Katghora District Korba (C.G.) to Court of learned Principal Judge, Family Court Bilaspur District Bilaspur (CG). In TPC No. 28/2024, the petitioner-wife is seeking relief of transfer of petition bearing Case No. 13/2022 (Smt. Chhavi Gupta Vs. Sandeep Agrawal ) preferred by the petitioner- wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the learned Judicial Magistrate, First Class, Katghora, District Korba (C.G.) to Court of learned Principal Judge, Family Court Bilaspur District Bilaspur (CG).

6. Heard counsel for the petitioner and perused the documents on record with utmost circumspection.

7. The law in this regard is settled that the convenience of wife should be considered but the fact that petitioner-wife Chhavi Agrawal is presently residing at Jamipali District Korba can be proved from the recent medical documents, theft complaint iled by her and FIR lodged by her to the police regarding fear and threat from her in-laws and husband and in the said complaint she has categorically stated that she is residing at Jamnipali District Korba. Thus, it clearly shows that the petitioner has iled the present petitions for transfer by stating wrong, misleading facts and by concealing the material facts. If this Court would take into consideration that the petitioner is residing at Bijuri District Anuppur M.P., from where the Family Court Manendragarh is only 20 Kms away, so the petitioner-wife should have been transferred the case at Family Court Manendragarh from where direct buses and trains are available. Further, at District Korba, other proceedings are already pending between the parties. So, there should not be any problem to the petitioner to face the cases at Korba. The present petitions are liable to be dismissed solely on the ground of only concocted and baseless reasons are given in her Neutral Citation 2024:CGHC:17114 petitions for transferring the cases from Korba to Bilaspur. This Court does not ind any justiiable reason to transfer the petitions.