1 2025:CGHC:968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 29 of 2024 Abhinav Sharma S/o Susheel Kumar Sharma, Aged About 47 Years R/o House No. Q-42/490, Civil Line, Near Irrigation OfÏce, Panchsheel Nagar, Raipur, Chhattisgarh, ... Petitioner versus Vibha Sharma W/o Abhinav Sharma, Aged About 41 Years R/o Currently Residing Near Barambawa Mandir Near Ward No. 12, Janjgir, P.S and Tehsil Janjgir, District-Janjgir-Champa, Chhattisgarh. ... Respondent For Petitioner : Mr. Sabyasachi Bhaduri, Advocate. For Respondent : Mr. Ravindra Sharma, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2025 1. Heard Mr. Sabyasachi Bhaduri, learned counsel for the petitioner. Also heard Mr. Ravindra Sharma, learned counsel, appearing for the respondent. 2. The petitioner has filed this transfer petition with the following prayers : PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.10 16:34:18 +0530 2 “a. It is, therefore, prayed that this Hon’ble Court may kindly be pleased to transfer the case No. 197/2024 titled as “Smt Vibha Sharma V. Abhinav Sharma” which is pending adjudication before learned Principal Family Judge, Janjgir, District – Jangir-Champa, Chhattisgarh to the concerned Family Court of appropriate jurisdiction at Raipur District- Raipur, Chhattisgarh. b. Any other relief as Hon’ble Court may deem fit in the interest of Justice, Equity and Good Conscience.” 3. The case of the prosecution, in brief, is that the marriage between the petitioner-husband and respondent-wife was solemnized in the year 2009 in Raipur through the traditional Hindu rites and rituals, including the sacred Saptapadi ceremony recognized under Hindu Law. From this marriage, the couple was blessed a son, Devansh, who was born on 17.07.2014. The birth of Devansh brought joy to the family, but with time, certain challenges emerged, particularly concerning the child's health, which have significantly impacted the family dynamics. The respondent-wife, despite the existence of the marital bond, is currently residing separately at her parental home located in District Janjgir-Champa. It is evident from the circumstances that the respondent-wife has been living apart from the petitioner- husband, and in connection with this separation, she has filed maintenance application before the learned Family Court, Janjgir- Champa, District - Janjgir-Champa, C.G. on 20.08.2024 which is registered as Case No. 197/2024. 4. Learned counsel for the petitioner submitted that case 3 No.197/2024 (Smt. Vibha Sharma Vs. Abhinav Sharma) pending before the learned Principal Judge, Family Court, District - Janjgir- Champa, Chhattisgarh filed by the respondent - wife be transferred to Raipur. He further submits that son of the petitioner, namely, Devansh, who is at present 10 years old has been diagnosed with several serious medical conditions including autism spectrum disorder and he is undergoing regular and specialized treatment at AIIMS, Raipur. The petitioner - husband is primarily responsible for overseeing his son's treatment and is in regular contact with the doctors at AIIMS, Raipur for follow-up appointments and emergency case. In the light of Devansh's fragile medical condition and his dependency on the petitioner- husband, the decision of the respondent - wife to file the maintenance case in Janjgir-Champa appears to be highly insensitive and inconsiderate. Janjgir-Champa is at significant distance from Raipur, as the same is about 165 kilometers away, where Devansh's treatment is going on. Therefore, it is prayed that the present case may be transferred to Family Court, Raipur, (C.G.). 5. Learned counsel for the respondent - wife opposes the prayer made by counsel for the petitioner - husband. He further submits that a Case No.150/2023 (Abhinav Sharma Vs. Minor Devansh Sharma and Anr.) pending before Court of Principal Judge, Family Court, Raipur be directed to be decided within a given time. 6. Heard learned counsel appearing for the parties and perused the 4 material annexed with the petition. 7. Considering the fact that there are matrimonial dispute between the parties and the petitioner is the husband of the respondent/wife, resident of Civil Line, Near Irrigation Office, Panchsheel Nagar, Raipur, C.G., further considering the fact that Raipur is a much better place than Janjgir-Champa for providing treatment to the son of the parties, who is suffering from virtual autism, further, the Case No.150/2023 (Abhinav Sharma Vs. Minor Devansh Sharma and Anr.) is also pending before Court of Principal Judge, Family Court, Raipur, I feel inclined to allow this transfer petition. Further, it is directed to transmit the record of Case No.197/2024 (Smt. Vibha Sharma Vs. Abhinav Sharma) pending before Principal Judge, Family Court, Janjgir-Champa to Principal Judge, Family Court, Raipur (C.G.). The Principal Judge, Family Court, Raipur is directed to decide the above application along with Case No.150/2023 pending before the said Court within a period of two months from the date of production of certified copy of this order. 8. With the aforesaid observation and direction, the transfer petition stands allowed. Sd/- (Ramesh Sinha) Chief Justice Preeti