1 2025:CGHC:45938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 123 of 2025 1 - Smt. Pratima Gupta W/o Paras Kumar Gupta Aged About 33 Years R/o Village Barwahi, Near Tower, Police Station Sanawal, District Balrampur- Ramanujganj Chhattisgarh ... Petitioner /wife versus 1 - Paras Kumar Gupta S/o Late Mahaveer Prasad Gupta Aged About 38 Years R/o Village Fatehpur, Post Sukhari, Police Station Ganghinagar, District Surguja Chhattisgarh ... Respondent {Cause title is taken from Case Information System} For Petitioner : Mr. Vivek Bhakta, Advocate. For Respondent : Ms. Prachi Diwan, Advocate. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 09/09/2025 Heard. 1. Petitioner /wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 for transfer of Civil suit No. 277-A/2024 (Paras Kumar Gupta vs. Smt. Pratima Gupta) pending before Principal Judge, Family Court, Ambikapur, District Sarguja to the Court of District Judge, Balrampur-Ramanujganj. 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 2 23.04.2009 as per Hindu rites and rituals. They have been blessed with two minor children, aged about 14 years & 9 years, respectively, but after birth of these two children, relation of husband & wife become sour, therefore, the petitioner/wife was compelled to live apart, hence, she is residing alongwith her parents at village Barwahi, Near Towar, Police Station Sanawal, District Balrampur-Ramanujganj with her two minor children. He further submits that the respondent / husband has filed divorce petition bearing Civil Suit No. 277- A/2024 (Paras Kumar Gupta vs. Smt. Pratima Gupta) before Principal Judge, Family Court, Ambikapur, District Saruja, but distance between Ambikapur to Balrampur-Ramanujganj is about 200 kms. to and fro. Being lady, it would be difficult for the petitioner/wife to travel such long distance, hence, he prays that this transfer petition may be allowed and the Civil Case No. 277-A/2024 (Paras Kumar Gupta vs. Smt. Pratima Gupta) pending before Principal Judge, Family Court, Ambikpur, District Sarguja may be transferred to the court of District Judge, Balrampur-Ramanujganj. 3. Per contra, learned counsel for the respondent/husband would submit that since petitioner/wife had extra marital affair, therefore, relation of petitioner/wife & respondent/husband became sour. He further submits that petitioner/wife herself has left the company of respondent/husband leaving two minor children i.e. male child aged about 14 years & female child, aged about 9 years, who are residing with respondent/husband. She further submits that the respondent/ husband is posted as Govt. Teacher, therefore, if divorce petition bearing Civil Suit No.277-A/2024 is transferred from Ambikapur to Balrampur-Ramanujganj, therefore, it would be more inconvenient for him to go Balrampur-Ramanujganj to attend hearing leaving behind two minor children and taking leave would also be difficult for him, 3 hence, she prays that transfer petition filed by the petitioner/wife is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. The ground mentioned by petitioner/wife to transfer divorce petition filed by respondent/husband is distance of 200 kms. to and fro between Ambikapur, District Sarguja and Balrampur-Ramanujganj, but undisputedly two minor children are residing with respondent/husband and he is posted as Teahcher also. Counsel for the respondent/husband also apprised the Court the he is giving Rs.3,000/- per month as maintenance amount to the petitioner/wife. 6. Nodoubt, in cases of family dispute, convenience of wife is looked into, but in instant case, since both the minor children are residing alongwith respondent/husband and being a Teacher, it would be difficult for him to take leave to attend hearing of divorce case at Balrampur-Ramanujganj, if divorce petition is transfer from Ambikapur to Balrampur-Ramanujganj. As such, I do not find any good ground to transfer the aforesaid civil suit from Ambikapur to Balrampur – Ramanujganj. 7. Consequently, the transfer petition is liable to be and is hereby dismissed. 8. Pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.12 14:40:09 +0530 4