1 2026:CGHC:5026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 38 of 2025 Smt. Shilpi Bhattacharya W/o Gaurav Bhattacharya Aged About 28 Years R/o D.N.K. Colony Narayanpur District- Narayanpur (C.G.) --- Petitioner versus Gaurav Bhattacharya S/o Sameer Chand Bhattacharya Aged About 29 Years R/o Shikshit Nagar Charoda B.M.Y. Bhilai Tehsil Bhilai 3, Distt.- Durg, Chhattisgarh. --- Respondent TPC No. 197 of 2025 Smt. Shilpi Bhattacharya W/o Gaurav Bhattacharya Aged About 28 Years R/o D.N.K. Colony Narayanpur District- Narayanpur (C.G.) ---Petitioner Versus Gaurav Bhattacharya S/o Sameer Chand Bhattacharya Aged About 29 Years R/o Shikshit Nagar Charoda B.M.Y. Bhilai Tehsil Bhilai 3, Distt.- Durg, Chhattisgarh. --- Respondent For Petitioner : Mr. Harshwardhan Singh Thakur, Advocate. For Respondent : Mr. Purnendra Khichariya, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.01.2026 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.30 10:00:18 +0530 2 1. Heard Mr. Harshwardhan Singh Thakur, learned counsel for the petitioner. Also heard Mr. Purnendra Khichariya, learned counsel, appearing for respondent. 2. The present transfer petition has been filed seeks transfer of Criminal MJC No. 1391/2023 filed by the petitioner pending before the Principal Judge, Family Court, Durg, District – Durg (C.G.) to the Family Court, Kondagaon, District – Kondagaon (C.G.), transfer of Criminal MJC No. 723/2024 filed by the petitioner which is pending before JMFC, Durg, District – Durg to the Court of JMFC, Kondagaon, District – Kondagaon (C.G.) as well as transfer of Civil Suit Case No. 1149/2023 pending against the petitioner under Section 9 of the Hindu Marriage Act against the petitioner in the Court of Family Court Durg, District – Durg, C.G. to the Family Court of Kondagaon, District – Kondagaon (C.G.). 3. Brief facts necessary for the case are that the petitioner was married to the respondent on 21.04.2022 in accordance with Hindu rites and rituals at Narayanpur, District Narayanpur, Chhattisgarh. After the marriage, the petitioner went to her matrimonial home at Charouda. At the time of marriage, the parents of the petitioner gave sufficient household articles and ornaments to their daughter. Despite this, the respondent and his family members taunted the petitioner for allegedly not bringing valuable dowry, although the petitioner’s parents had spent more than Rs.7,00,000 on the marriage ceremony. After some time, the petitioner came to know that the respondent is a heart patient and is also suffering from high blood pressure, which facts were deliberately suppressed by the respondent and his family at the time of marriage. On 06.10.2023 at about 8:00 a.m., the respondent and his family members assaulted the petitioner and subjected her to physical cruelty, causing her grievous 3 injuries, and forcibly ousted her from the matrimonial home. The petitioner informed her brother, and when her family members reached the respondent’s house, they were misbehaved with by the respondent’s family. Thereafter, the petitioner approached the police station to lodge a report; however, after counselling, the police advised her to approach the Court. Since then, the petitioner has been residing at her parental home at Narayanpur. Thereafter, the petitioner filed an application under Section 125 of the Code of Criminal Procedure seeking maintenance before the learned Principal Judge, Family Court, Durg, which is pending. The petitioner has also filed an application under the Protection of Women from Domestic Violence Act. The respondent filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the District Court, Durg. The petitioner has filed a petition seeking transfer of the said application to Kondagaon. The petitioner is a helpless lady with no independent source of income, whereas the respondent is a businessman earning approximately Rs.60,000 per month from his poultry farm. The petitioner is a homemaker, and her present financial condition is extremely poor. 4. Earlier, the petitioner had mistakenly filed Transfer Petition (Civil) No. 174/2025 for transfer of the aforesaid proceedings. On 28.11.2025, this Hon’ble Court was pleased to permit withdrawal of the said petition with liberty to file a fresh and appropriate petition. On each and every date of hearing in the aforesaid pending case, the petitioner is required to appear before the Court at Durg. The respondent, being financially sound, will not face any difficulty in travelling to Kondagaon. 5. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent and that she has initiated two 4 proceedings against him. One proceeding is an application for maintenance under Section 125 of the Code of Criminal Procedure, in which the petitioner seeks transfer of the case from JMFC Durg, District Durg to the Court of JMFC, Kondagaon, District - Kondagaon (C.G.). The other proceeding is under Section 9 of the Hindu Marriage Act, for which the petitioner has filed Transfer Petition (Civil) No. 197/2025 seeking transfer of the said case from Durg to Kondagaon. It is submitted that the said transfer petition is closely connected with the present case. Learned counsel further submits that the mother of the petitioner is a cancer patient, and the petitioner is required to take care of her. He further submits that while the petitioner is facing severe financial constraints and logistical difficulties, the respondent enjoys financial stability and access to resources. The respondent is in a better position to bear the expenses of travel and legal proceedings, which further necessitates equitable consideration of the petitioner’s circumstances by this Court. The petitioner is a helpless lady with no independent source of income, whereas the respondent is a businessman earning a substantial income. Consequently, it is not feasible for the petitioner to appear before the learned Court at Durg, District Durg, Chhattisgarh. The distance between Narayanpur and Durg is approximately 195 kilometers, making frequent travel highly burdensome. Hiring a private cab costs approximately Rs.6,000 for a round trip. Additionally, train services are irregular and frequently delayed by 4–5 hours, and even thereafter, the petitioner has to arrange further transport to reach Durg, causing extreme hardship. The petitioner is presently residing with her father at Narayanpur, and as no Family Court is available at Narayanpur, the petitioner seeks transfer of the case from Durg to Kondagaon, District Kondagaon, Chhattisgarh. Except for her aged father, there is no male member in the petitioner’s 5 family. Owing to his advanced age and ill health, he is unable to accompany or assist the petitioner in travelling to the District Court at Durg on every date of hearing. The financial hardship faced by the petitioner weighs in her favour, particularly as the respondent has neglected his legal and marital obligations towards her. It is well settled law that in matrimonial disputes, while deciding transfer petitions, the convenience of the wife is to be given precedence over the convenience of the husband. The Hon’ble Supreme Court, in a catena of judgments, has held that while considering transfer applications, courts must give due weightage to the convenience of female litigants, and that transfer of proceedings should ordinarily be allowed to avoid subjecting them to undue hardship. In such matters, the convenience of the wife deserves primacy. Therefore, in the interest of justice and safety of the petitioner, the case deserves to be transferred to Kondagaon (C.G.). 6. On the other hand, learned counsel for the respondent opposed the transfer of the case. He pointed out that, so far as the proceedings under Section 125 of the Cr.P.C. are concerned, the examination-in-chief of the petitioner has already been recorded and the matter is fixed for cross-examination on 15.10.2025. However, he could not dispute the fact that the petitioner’s mother is suffering from cancer. 7. Having regard to the submissions of learned counsel for the petitioner, the medical condition of the petitioner’s mother, the hardships and safety concerns faced by the petitioner in travelling to Durg, and the convenience of the respondent in appearing at Kondagaon (C.G.), this Court finds it expedient, in the interest of justice, to transfer the present case, notwithstanding the objection of respondent. 6 8. Accordingly, Criminal MJC No. 1391/2023 pending before the Principal Judge, Family Court, Durg, District Durg (C.G.) is hereby transferred to the Court of the learned Family Court, Kondagaon, District Kondagaon (C.G.), Criminal MJC No. 723/2024 filed by the petitioner which is pending before JMFC, Durg, District – Durg is hereby transferred to the Court of JMFC, Kondagaon, District – Kondagaon (C.G.) and transfer of Civil Suit Case No. 1149/2023 pending against the petitioner under Section 9 of the Hindu Marriage Act is hereby transferred to the Court of Family Court Durg, District – Durg, C.G. to the Family Court of Kondagaon, District – Kondagaon (C.G.). 9. Accordingly, the present transfer petitions (TPCR No. 38/2025) and (TPC No. 197/2025) are allowed. 10. The Office is directed to forthwith transmit a certified copy of this order to the Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti