1 2026:CGHC:25739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 13 of 2026 1 - Saraswati Dewangan W/o Mukesh Dewangan Aged About 29 Years R/o Teacher Colony, Tilda District- Raipur (C.G.) ... Petitioner versus 1 - Mukesh Dewangan S/o Samliyaram Dewangan Aged About 35 Years R/o Tikripara, Chhuikhadan P.S. And Tehsil Chuikhadan District- Khairagarh Chhuikhadan Gandai (C.G.) ... Respondent (Cause title, as taken from Case Information System) For Petitioner : Mr. Tanuj Patwardhan, Advocate. For Respondent : Mr. Bharat Lal Sahu, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 23/06/2026 1. The petitioner/wife has filed the instant petition under Section 24 of the Code of Civil Procedure, 1908 (for short ‘CPC’), seeking transfer of Civil Suit No.21A/2025 (Mukesh Dewangan vs. Saraswati Dewangan), pending before the learned Judge, Family Court, Khairagarh, District Khairagarh-Chhuikhadan-Gandai (KCG), to the learned Family Court, RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.06.24 17:45:31 +0530 2 Raipur, District Raipur (CG). 2. Learned counsel for the petitioner submits that the marriage of petitioner/wife was solemnized with the respondent/husband on 28.05.2022 as per the Hindu rituals and customs. He further submits that after about two years of marriage, the petitioner/wife was allegedly ousted from the matrimonial home by respondent/husband and has since been residing with her parents at Tilda, District Raipur. It is further submitted that the respondent/husband has filed divorce petition under Section 13(1)(i-क) of the Hindu Marriage Act, 1955 (henceforth referred to as the ‘Act, 1955’), which is pending as Civil Suit No.21A/2025 before the learned Judge, Family Court, Khairagarh, District KCG (CG). Learned counsel further submits that the distance between Tilda and Khairagarh is about 256 km (to and fro) and there is no direct transportation connectivity between the said two places. He next submits that since the petitioner is suffering from a uterine cyst and is undergoing regular medical treatment, therefore, it would be difficult for her to travel such a long distance. He also submits that one maintenance case filed by the petitioner/wife against the respondent / husband is already pending before the Family Court, Raipur. Hence, it is prayed that Civil Suit No.21A/2025 filed by respondent/husband be transferred from the learned Judge, Family Court, Khairagarh, District KCG (CG) to the Family Court, Raipur, District Raipur (CG). 3. In reply, learned counsel for the respondent/husband submits that he has no objection to the prayer made by learned counsel for the petitioner/wife. However, he prays that the concerned Family Court may be directed to permit the respondent/husband to appear through 3 video conferencing on such dates when his personal appearance is not specifically required. 4. I have heard learned counsel for the parties and perused the material available on record carefully. 5. In a catena of judgments, the Hon'ble Supreme Court has consistently held that, while considering transfer of matrimonial disputes, the convenience of wife ordinarily deserves preference over that of the husband. 6. Though the distance between Raipur and Khairagarh is said to be about 256 km (to and fro) but there is no direct transportation connectivity between the two places. It is also an undisputed that one maintenance case filed by the petitioner/wife against respondent/husband is already pending before the Family Court Raipur, therefore, if civil suit filed by respondent/husband is transferred to the Family Court Raipur, then it would also be convenient for him to attend hearing at Family Court Raipur in both cases. 7. In view of the above, this Court is inclined to allow instant transfer petition. Accordingly, the present transfer petition is allowed. It is ordered that the Civil Suit No.21A/2025 {Mukesh Dewangan vs. Saraswati Dewangan}, pending before the learned Judge, Family Court, Khairagarh, District Khairagarh-Chhuikhadan-Gandai (CG), be transferred to the Family Court, Raipur, District Raipur (CG) for its trial/disposal in accordance with law. The learned Judge, Family Court, Khairagarh, District KCG (CG) is directed to transmit the record of the aforesaid Civil Suit No.21A/2025 to the Family Court, Raipur, District Raipur (CG), within a period of 15 days from the date of 4 receipt/submission of a copy of this order. 8. It is further directed that after receiving the case on transfer, the Family Court, Raipur, District Raipur shall consider and decide the same as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferring Court. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case. 9. Pending application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar