1 CGHC010246932026 2026:CGHC:36733 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 103 of 2026 Archna Sahu W/o Suryakant Sahu Aged About 38 Years R/o Near Shani Mandir, Behind R.T. Office, Ward No. 05, Gaurav Path, Balodabazar, Distt. Balodabazar- Bhatapara Chhattisgarh ... Petitioner versus Suryakant Sahu S/o Shantu Lal Sahu Aged About 42 Years R/o Ward No. 02, Imalibhatha, Mahasamund, Tehsil And Distt Mahasamund Chhattisgarh ... Respondent For Petitioner : Mr. Tanuj Patwardhan, Advocate For Respondent : Mr. Shubhank Tiwari, Advocate. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 18/08/2026 Heard. 1. Petitioner / wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No. 39-A/2026 (Suryankant Sahu Vs. Archna Sahu) pending before Principal Judge, Family Court, Mahasamund, District Mahasamudn to the Court of Judge, Family Court, Baloda Bazar-Bhatapara. 2. Facts of the case, in brief, are that marriage of the petitioner was solemnized with respondent on 07.05.2014 and they have been blessed one 2 male child from their wedlock, who is residing with respondent / husband. After sometime of marriage, their relation become sour, therefore, the petitioner / wife is residing alongwith her parents at Baloda Bazar. Subsequently, the respondent/ husband has filed divorce petition bearing Civil Suit No. 39-A/2026 before Principal Judge, Family Court, Mahasamund, which give rise to file instant transfer petition. 3. Learned counsel appearing for the applicant / wife would submit that distance between Balodabazar-Bhatapar to Mahasamund is about 152 kms. to and fro, therefore, it would be difficult for applicant to travel such a long distance to attend the hearing for divorce case filed by the respondent / husband. He further submits that there is no other person to look after her old aged parents of applicant, hence, he prays that divorce petition bearing Civil Suit No. 39-A/2026 filed by the respondent / husband before Principal Judge, Family Court, Mahasamund, District Mahasamund may be transferred to the the Family Court, Balodabazar-Bhatapara. 4. Per contra, learned counsel for the respondent / husband would submit that respondent is government employee holding the post of Agriculture Extension Officer. He further submits that parents of respondent / husband are residing with respondent at Mahasuamd. Their minor child aged about 9 years is also residing with him, despite that petitioner / wife frequently use to go to her parental home, and whenever respondent objected, she quarreled with him. Even she has also called police. He further submits that without any valid and sufficient reason, the petitioner/wife has left the company of respondent / husband. He further submits though distance between Mahasamund to Baloda Bazar is only 152 kms. to and fro, but there is direct bus connectivity between these two places. It is next contended that respondent has to look after not only his old aged parents, but his minor son also, hence, he prays that the respondent/husband’s liability are greater than those of the petitioner/wife, and 3 the transfer petition should be dismissed., therefore, transfer petition may be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. It is settled law that in matrimonial dispute, convenience of the wife ought to have been seen in transferring the cases, but in the instant petition, as contended by learned counsel for the respondent / husband that petitioner /wife herself has left not only company of respondent / husband, but has also left from her responsibility to support her family. 7. When specific question was posed to the counsel for the petitioner, as to whether the petitioner/wife has any other siblings, he submits that he do not know about the aforesaid fact. 8. Having considered the aforesaid facts, this Court is not inclined to allow the instant transfer petition, hence, the same is liable to be and is hereby dismissed. 9. However, learned Principal Judge, Family Court, Mahasamund is directed to expedite the trial of divorce case and conclude the same as early as possible preferably within a period of four months from the date of receipt of certified copy of this order. The parties are also directed to cooperate with the Family Court of expeditious disposal of the case. 10. Pending interlocutory application (s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.08.21 14:22:47 +0530 4