1 2025:CGHC:57541 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 33 of 2025 Dr. Loknath Dahariya S/o Dujram Dahariya Aged About 35 Years R/o Churela Anachanak Pali, P.S. Sarangarh, District Sarangarh- Bilaigarh C.G. ... Petitioner(s) versus 1 - Smt. Prity Dahariya W/o Dr. Loknath Dahariya Aged About 30 Years R/o Village Dahida, Post Dahida, P.S. Kosir, District Sarangarh- Bilaigarh C.G. At Present R/o Village Lagra, Post Mopka, P.S. Sarkanda, District Bilaspur C.G. 2 - Ku. Purvi Dahariya D/o Dr. Loknath Dahariya Aged About 4 Years Minor Through Legal Natural Guardian Mother Smt. Prity Dahariya, R/o Village Dahida, Post Dahida, P.S. Kosir, District Sarangarh- Bilaigarh C.G. At Present R/o Village Lagra, Post Mopka, P.S. Sarkanda, District Bilaspur C.G. 3 - Ku. Manya Dahariya D/o Dr. Loknath Dahariya Aged About 3 Years Minor Through Legal Natural Guardian Mother Smt. Prity Dahariya, R/o Village Dahida, Post Dahida, P.S. Kosir, District Sarangarh- Bilaigarh C.G. At Present R/o Village Lagra, Post Mopka, P.S. Sarkanda, District Bilaspur C.G. ... Respondent(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 For Petitioner(s) : Mr. Banhiman Roy, Advocate. For Respondent(s) : None. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 26/11/2025 1. Heard Mr. Banhiman Roy, learned counsel for the petitioner. 2. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeks transfer of M.J.C Case No. 1167/2024 from the Court of learned Principal Judge, Family Court, Bilaspur, District – Bilaspur to the District Court Sarangarh, District – Sarangarh-Bilaigarh. 3. Brief facts necessary for the case are that the petitioner and the respondent were married on 16.05.2019 at village Dahiya, Police Station Kosir, District Sarangarh-Bilaigarh, Chhattisgarh, according to Hindu rites, and thereafter lived together as husband and wife in the matrimonial home. After some time of marriage, the respondent allegedly faced harassment and mental cruelty from the petitioner and his family members on account of insufficient dowry and alleged monetary demands. Due to this, the respondent left the matrimonial house and has since been residing at village Lagra, Post Mopka, P.S. Sarkanda, District Bilaspur. Subsequently, the respondent filed an application under Section 144 of the BNSS before the Family Court, Bilaspur, on 24.12.2024 seeking maintenance. The said proceedings are 3 currently pending before the learned Principal Judge, Family Court, Bilaspur. Hence, the transfer petition. 4. Learned counsel for the petitioner submits that the allegations of harassment and cruelty levelled by the respondent are false and baseless. According to him, it was the respondent whose conduct was improper, and despite his repeated requests to resume cohabitation, there was no improvement in her behaviour. He states that he has never ill-treated the respondent and that her allegations are fabricated. The petitioner further asserts that after marriage, the respondent herself treated him with cruelty and harassment without any valid reason. He further submits that the petitioner is a disabled person and is facing hardship in attending proceedings in M.J.C. No. 1167/2024, pending before the Family Court, Bilaspur. He seeks transfer of the said case to the District Court Sarangarh, District Sarangarh-Bilaigarh, on the ground of his disability, the long travel distance of about 120 km., and the risk of being proceeded ex-parte if he fails to appear at Bilaspur. He also states that his aged parents, who are suffering from various ailments, are dependent solely on him for their care and treatment, making it difficult for him to travel frequently to Bilaspur. He also submits that minor children (respondents no. 2 and 3) are studying at E.P.S. Andola, Sarangarh, and their academics would be adversely affected if proceedings continue at Bilaspur. The respondent herself has filed an affidavit before the Family Court, Bilaspur, wherein she admitted that she is residing with her 4 parents at Sarangarh District. Therefore, the petitioner contends that it would be convenient for both parties if the matter is transferred to the Court at Sarangarh and that refusal of transfer would cause him irreparable loss while unjustly benefiting the respondent. 5. I have heard learned counsel for the petitioner and perused the record. 6. It is well-settled that in matrimonial matters, convenience of the wife is to be ordinarily given precedence, particularly when she has the custody of minor children. The respondent, in the present case, is residing at Bilaspur along with her children. The maintenance proceedings under Section 144 BNSS are also pending before the Family Court at Bilaspur, which is the place where she is currently residing. Therefore, the jurisdiction chosen by the respondent cannot be said to be arbitrary or unjustified. 7. The ground pressed by the petitioner is his disability and difficulty in travelling. However, the petitioner has admitted before this Court that he was suffering from polio in one leg even at the time of the marriage. Thus, the petitioner was well aware of his physical limitations from the inception, and this cannot constitute a valid or compelling ground to dislodge the proceedings from their present forum. Further, no medical documents have been brought on record to show any recent deterioration in condition that would render him incapable of appearing at Bilaspur. 5 8. On the contrary, shifting of the proceedings to Sarangarh would cause greater inconvenience to the respondent who is presently residing at Bilaspur with her children. 9. In view of the above, this Court finds no just or sufficient ground to transfer M.J.C Case No. 1167/2024 from the Court of learned Principal Judge, Family Court, Bilaspur, District – Bilaspur to the District Court Sarangarh, District – Sarangarh-Bilaigarh. 10. Accordingly, the Transfer Petition stands dismissed. Sd/- (Ramesh Sinha) Chief Justice Akhil