1 2026:CGHC:1735 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 1 of 2026 Rajkamal Borkar S/o Late Nand Kishor Borkar Aged About 33 Years R/o Ward No. 32, 474, Rahul Nagar, Near Gupta Aata Chakki, Rajnandgoan, District Rajnandgaon C.G. ... Petitioner(s) versus Smt. Reema Borkar W/o Rajkamal Borkar Aged About 28 Years R/o Krishak Nagar, Jora, Raipur, District Raipur C.G. ... Respondent(s) For Petitioner(s) : Mr. Rishabh Bisen, Advocate. For Respondent(s) : None. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 12/01/2026 1. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeks transfer of Case No.571/2025 from the Court of First Additional Principal Judge, Family Court, Raipur (C.G.) to the Court of Principal Judge, Family Court, Rajnandgaon (C.G.). 2 2. Brief facts necessary for the case are that the respondent–wife filed an application under Section 144 of the B.N.S.S., 2023 along with an application for interim maintenance on 14.05.2025 before the Family Court, Raipur, claiming a monthly maintenance of Rs.45,000 on the allegation that the petitioner–husband is earning about Rs.1,50,000 per month. Notices were issued to the petitioner, who on receiving the same obtained certified copies of the order sheet, wherein the next date of hearing was shown as 12.12.2025. The marriage between the petitioner and the respondent was solemnized on 02.05.2023 in accordance with Hindu rites and rituals. Soon after the marriage, disputes arose between the parties as the respondent insisted on residing at Raipur for completion of her education, which led to separation and family discord. After registration of the maintenance case on 14.05.2025, the Family Court, Raipur issued notice to the petitioner and transferred the matter to the First Additional Judge. On 05.07.2025, time was again granted to the respondent for payment of process fee. As the notice was not served till 19.08.2025, fresh notices were issued through registered as well as ordinary mode. The petitioner ultimately appeared before the court on 15.11.2025, mediation between the parties failed, and the case was fixed for filing of reply on 12.12.2025. In the meantime, the petitioner–husband had already filed a divorce petition being Civil Suit No. A/14/2025 titled Rajkamal Borkar vs. Smt. Reema Borkar before the Family Court, Rajnandgaon. Against the said divorce proceedings, the respondent–wife filed a transfer petition before the Hon’ble High Court seeking transfer of the case from 3 Rajnandgaon to Raipur, which was registered as TPC/78/2025. The Hon’ble High Court, by order dated 01.07.2025, dismissed the transfer petition, holding that the respondent–wife, being a young lady aged about 28 years and residing at Raipur, could conveniently travel to Rajnandgaon, which is approximately 100 km away and well connected by road and rail. The said order was never challenged and has thus attained finality. Since the matrimonial dispute between the parties, namely Civil Suit No. A/14/2025, is already pending before the Family Court, Rajnandgaon, it is contended that the application filed by the respondent under Section 144 of the B.N.S.S., 2023 pending before the Family Court, Raipur deserves to be transferred to the Family Court, Rajnandgaon for effective, consistent, and proper adjudication. 3. Learned counsel for the petitioner submits that the petitioner has filed a divorce petition being Civil Suit No. A/14/2025 (Rajkamal Borkar vs. Smt. Reema Borkar) pending before the Family Court, Rajnandgaon, against which the respondent–wife filed Transfer Petition No. TPC/78/2025 before this Hon’ble High Court seeking transfer of the case to Family Court, Raipur; however, the said transfer petition was dismissed by order dated 01.07.2025, holding that the respondent could conveniently travel the distance of about 100 km between Raipur and Rajnandgaon, and the said order has not been challenged and has attained finality. He further submits that the respondent-wife is presently residing at Durg and is pursuing her Ph.D. at Raipur, whereas the husband (the present petitioner) is residing in the State of Gujarat and he is required to appear in two 4 different cases at two different places on every date of hearing, therefore, he seeks transfer of Case No.571/2025 from the Court of First Additional Principal Judge, Family Court, Raipur (C.G.) to the Court of Principal Judge, Family Court, Rajnandgaon (C.G.). 4. On due consideration of the submissions and the record, this Court finds no merit in the transfer petition. It is not in dispute that the respondent–wife has instituted the maintenance proceedings at Raipur, where she is pursuing her higher education. The place of institution of the proceedings cannot be said to be arbitrary or vexatious and merely because the petitioner is residing outside the State or is required to attend proceedings at different places, the same by itself does not constitute a valid or sufficient ground for transfer. Convenience of one party alone cannot be the sole basis for transfer, particularly when no exceptional hardship or prejudice has been demonstrated. 5. It is also relevant to note that earlier, the respondent–wife had sought transfer of the divorce petition pending at Rajnandgaon to Raipur, which was dismissed by this Court by order dated 01.07.2025 in TPC/78/2025, holding that the distance between Raipur and Rajnandgaon is about 100 km and the same is well connected by road and rail. The said order has attained finality. However, that by itself does not automatically entitle the petitioner to seek transfer of the maintenance proceedings in the present case. Each transfer petition has to be decided on its own facts and circumstances. 5 6. Furthermore, no material has been placed on record to show that continuance of the proceedings at Raipur would cause such grave hardship or miscarriage of justice as to warrant interference by this Court. The grounds urged are general in nature and do not disclose any compelling or exceptional circumstances for exercising the power of transfer under Section 447 of the BNSS. 7. In view of the above, this Court finds no just or sufficient ground to transfer Case No.571/2025 from the Court of First Additional Principal Judge, Family Court, Raipur (C.G.) to the Court of Principal Judge, Family Court, Rajnandgaon (C.G.) 8. Accordingly, the Transfer Petition stands dismissed. Sd/- (Ramesh Sinha) Chief Justice Akhil