1 2026:CGHC:26132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 76 of 2026 Harsh Choudhary S/o Late Rajendra Choudhary Aged About 32 Years R/o House No. 203, 204, Deendayal Upadhyay Nagar, Raipur, P/s D.D. Nagar, Raipur, Tehsil And District Raipur, (C.G.) ... Petitioner versus Harshlata Choudhary W/o Harsh Choudhary Aged About 30 Years R/o Udai Chowk Katiyapara, Juna Bilaspur, P/s City Kotwali, Tehsil And District Bilaspur (C.G.) ... Respondent For Petitioner : Mr. Prakhar Dutt, Advocate For Respondent : Ms. Ruchi Nagar, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 25.06.2026 1. The petitioner/husband has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of MJC Criminal No.396/2025 (Harshlata Chaudhary vs. Harsh Chaudhary) pending before II Additional Principal Judge, Family Court Bilaspur to the competent Court of Raipur. 2. Fact of the case, in brief are that, marriage of petitioner/husband was solemnized with the respondent/wife on 19.11.2019 according to the Hindu rituals and customs. Thereafter the respondent/wife was residing with her husband at Raipur. Subsequently, the petitioner developed severe medical BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.06.29 11:22:55 +0530 2 complications, including hip defects and undergone hip replacement surgeries resulting in permanent physical disability. It is alleged that during prolonged illness, the respondent/wife did not take care of the petitioner, she used to stay with her parents and the petitioner was taken care of by his aged mother. Such act of the respondent/wife lead to marital discord between the parties. Owing to the respondent's conduct, the petitioner filed a petition for divorce under Section 13(1) of the Hindu Marriage Act, before the Family Court, Raipur on 05.02.2025. Thereafter, the respondent filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking maintenance before the Family Court, Bilaspur, which was registered as MJC Criminal No. 396/2025. The petitioner/husband has filed the present transfer petition seeking transfer of the said maintenance case. 3. Learned counsel for the petitioner submits that the petitioner is suffering from liver disease and has also undergone hip replacement surgery. It is contended that the distance between Raipur and Bilaspur is 120 Km, hence, it is very difficult for the petitioner to travel from Raipur to Bilaspur to attend the proceedings in MJC Criminal No.396/2025 instituted by the respondent/wife for grant of maintenance in the Court of Bilaspur. Hence, it is prayed that aforesaid maintenance case may be transferred from Family Court Bilaspur to the competent Court of Raipur. 4. Per contra, learned counsel for the respondent/wife submits that the petitioner has already filed divorce petition against the respondent/wife before the Family Court, Raipur, whereas, the respondent/wife has filed maintenance application before Family Court, Bilaspur. She further submits that being lady, it would be difficult for the respondent to travel alone such long distance. It is further submits that the respondent and her parents are financially weak and are facing severe financial constrains. It is also 3 submitted that application for interim maintenance filed by the respondent has already been rejected by the Family court in the pending maintenance case. She further submits that the hip replacement surgery of the petitioner was done in the year 2023, as such, now he is physically fit to travel from Raipur to Bilaspur to attend the Court proceedings, hence, the transfer petition may be rejected. 5. Heard learned counsel for the parties and perused the material placed on record. 6. Perusal of the medical report filed by the petitioner shows that he is suffering from liver disease and had undergone hip replacement surgery, however, that surgery was done in the year 2023. The petitioner has not filed any documents to demonstrate the fact that at present he is unable to travel from Raipur to Bilaspur. 7. In view of the above, this Court is not inclined to entertain present transfer petition and the same is accordingly dismissed. However, it is observed that if the personal appearance of the petitioner is required before Family Court, Bilaspur, then his appearance may be recorded through Video Conferencing. 8. Pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Bini