1 2025:CGHC:50820 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR T.P(C) No.130 of 2025 1. Anupama Singh W/o Shri Vinay Shrivastava, Aged About 53 Years R/o H.No.10/1685, Sector 01, Near Durga Mandir, Shivanand Nagar, Khamtarai- 02, Raipur, District Raipur (C.G.) At Present Mahalpara Baikunthpur, Tahsil And P.S. Baikunthpur, District Koriya (C.G.) 2 - Priti Shrivastava, D/o Shri Vinay Kumar Shrivastava, Aged About 26 Years R/o H.No.10/1685, Sector 01, Near Durga Mandir, Shivanand Nagar, Khamtarai- 02, Raipur, District Raipur (C.G.) At Present Mahalpara Baikunthpur, Tahsil And P.S. Baikunthpur, District Koriya (C.G.) ... Petitioners versus Vinay Shrivastava S/o Shri Badrilal Shrivastava, Aged About 60 Years R/o H.No.10/1685, Sector 01, Near Durga Mandir, Shivanand Nagar, Khamtarai-02, Raipur, District Raipur (C.G.) ... Respondent For Petitioner : Shri Tapan Kumar Chandra, Advocate. For Respondent : Shri Sashwat Gupta, Advocate. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.10.13 16:53:07 +0530 2 Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 13.10.2025 1. This Petition has been filed under Section 24 CPC seeking transfer of Case No.175/2024 pending before the 1st Additional Principal Judge, Family Court, Raipur to the Family Court Camp, Baikunthpur, District Koriya. 2. Learned Counsel for the Petitioners submits that Petitioner No.1/wife is taking care of the specially abled child, though she has born from the wedlock of her husband and his first wife, as she has developed good relation with her. He further submits that the Respondent/husband has filed a Petition under the Guardians and Wards Act, 1890 for custody of the specially abled child as Petitioner No.1 is a Government employee posted at Baikunthpur and he is a business man running his business at Raipur. It is averred that Petitioner No.1 is posted and joined at Baikunthpur on 14.08.2022 and earlier also, the Respondent/husband has filed a Petition for custody of child bearing No.65/2023 before the Principal Judge, Family Court, Raipur and Petitioner No.1/wife has filed a Transfer Petition bearing No.116/2023 before this Court, which has been disposed of and liberty has been reserved in favour of the Petitioner/wife that she may move appropriate application for participating in the Court proceedings through video 3 conferencing at Family Court, Raipur and in turn, the said Court shall provide the facility of video conferencing to present her case from DLSA, Korea or from any other place as per her convenience. He further submits that the Respondent/husband has withdrawn the said Petition and filed a new Petition bearing No.175/2024, which is at initial stage and is fixed for written statement. He lastly submits that as Petitioner/wife is a Government employee and also taking care of her specially abled/mentally challenged child and in such circumstances, it is very difficult for her to travel from Baikunthpur to Raipur, therefore, the said case may be transferred as prayed for. 3. On the other side, learned Counsel for the Respondent/husband while opposing the said prayer, submitted that the Respondent/husband is at present aged about 60 years and it is difficult for him to travel from Raipur to Baikunthpur, therefore, this Petition may be dismissed. 4. Heard learned Counsel for both the parties and perused the documents annexed herewith carefully. 5. Earlier, the Respondent/husband has filed an application for custody of the specially abled child, which was withdrawn and a new similar nature of the application has been filed by him. It is also evident that the specially abled child is presently residing with her step mother i.e. Petitioner No.1 after the death of her biological 4 mother. When a query is put to learned Counsel for the Respondent, he has admitted that the said specially abled child is a girl, who has now turned major, therefore, in this fact situation of the case, it is directed that if the father is keenly interested to visit his daughter, he may file an appropriate application before the concerned Family Court for visiting his child. Unless custody is decided, as it is difficult for both the child and the mother to travel from Baikunthpur to Raipur, therefore, this Court finds it appropriate to transfer the custody case Case No.175/2024 filed by the Respondent/husband pending before the 1st Additional Principal Judge, Family Court, Raipur to the Family Court Camp, Baikunthpur, District Koriya and the Respondent/husband would be at liberty to participate in the proceedings through video conferencing. Ordered accordingly. It is made clear that if any such application is filed, the same may be allowed by the concerned Family Court unless otherwise directed by the said Court for presence of the parties. 6. With the aforesaid observation/direction, the instant Petition is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priya