1 2026:CGHC:13974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 176 of 2025 1 - Smt. Neha Shukla W/o Ashish Shukla D/o Prashant Kumar Ojha Aged About 44 Years R/o 505, A, Housing Board Colony, Dondekhurd, Tahsil Dharsiwa Raipur, District- Raipur (C.G.) Petitioner(s) Versus 1 - Ashish Shukla S/o Late Hemant Shukla Aged About 45 Years R/o Block No. 321, Ekta Parisar, 3rd Floor, Malviya Nagar, Durg (C.G.) 2 - Smt. Sudha Shukla W/o Late Hemant Shukla Aged About 65 Years R/o Block No. 321, Ekta Parisar, 3rd Floor, Malviya Nagar, Durg (C.G.) Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Tapan Kumar Chandra, Advocate For Respondent(s) : None though served (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 24/03/2026 1. The present petition has been filed under Section 24 of the Code of Civil Procedure, 1908 by the petitioner/wife seeking transfer of proceedings bearing Civil MJC No. 03/2025, instituted under Section 7 of the Guardians and Wards Act, 1890, pending before the learned Family Court, Durg, to the Family Court, Raipur. 2. The marriage between the petitioner and respondent was solemnized on 08.12.2012 in accordance with Hindu rites and customs, and out of the said wedlock, a male child, namely Shivansh Shukla, was born on RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.03.28 12:09:22 +0530 2 09.05.2014. It is the case of the petitioner that after the birth of the child, she started residing separately on account of alleged harassment and cruelty meted out to her by the respondent. The petitioner had earlier instituted proceedings under Section 125 of the Code of Criminal Procedure before the learned Family Court, Raipur, wherein vide order dated 25.07.2016, interim maintenance of ₹2,500/- per month was granted in favour of the minor child. It is further stated that the respondent has not been regularly paying the said maintenance, on account of which proceedings under Section 125(3) Cr.P.C. have also been initiated and are presently pending before the Family Court, Raipur. 3. Learned counsel for the petitioner submits that the petitioner is presently residing at Raipur and is employed as a State Government employee at Mantralaya, Naya Raipur. It is contended that she is facing considerable difficulty in attending the proceedings before the Family Court at Durg. It is further submitted that the petitioner has instituted the custody proceedings under Sections 7 and 14 of the Guardians and Wards Act, 1890 seeking custody of the minor child. Learned counsel would further submit that the maintenance proceedings under Section 125 Cr.P.C. are already pending before the Family Court, Raipur and, therefore, in the interest of convenience and to avoid multiplicity of proceedings, the present case also deserves to be transferred to Raipur. 4. Learned counsel for the petitioner has also placed reliance on the judgment of the Hon’ble Supreme Court in Rashmi Mehta vs. Deepak Rohila (Transfer Petition (Civil) No. 2769/2024), and submits that although there is a specific provision under Section 9 of the Guardians 3 and Wards Act, 1890 that proceedings relating to custody are to be instituted before the Court within whose jurisdiction the minor ordinarily resides, the Hon’ble Supreme Court, in the aforesaid case, considering the facts and circumstances, transferred the custody proceedings from the Family Court, Faridabad to the Family Court, Delhi in the interest of justice. 5. None for the respondents though served. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts of the present case, it is apparent that the petitioner is residing at Raipur and is employed as a government employee. It is also not in dispute that proceedings under Section 125 Cr.P.C. between the parties are already pending before the Family Court, Raipur. 8. Having regard to the convenience of the petitioner, and to avoid multiplicity of proceedings, this Court is of the considered opinion that it would be appropriate to transfer the proceedings in question to the Family Court, Raipur. 9. Accordingly, the proceedings bearing Civil MJC No. 03/2025 pending before the learned Family Court, Durg are hereby transferred to the competent Family Court at Raipur for hearing and disposal in accordance with law. 10. Consequently, the transfer petition stands allowed. Sd/- (Bibhu Datta Guru) JUDGE Rahul