1 CGHC010296262026 2026:CGHC:38925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 132 of 2026 1 - Pragya Sharma W/o Neeraj Sharma, D/o Shri Lal Ji Tiwari, Aged About 28 Years R/o Village And Post Tara Tahsil Premnagar District, Surajpur (C.G.) … Applicant versus 1 - Neeraj Sharma S/o Late Satyaddev Sharma Aged About 32 Years R/o House No. 16 Shri Ram Residency Near Maharishi School Mangla, P. S. Civil Line, District Bilaspur (C.G.) ... Respondent (Cause title, as taken from Case Information System) For Applicant : Mr. Ashok Kumar Shukla, Advocate. For Respondent : None, though served. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 02/09/2026 1. The applicant/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.27A/2026 {Neeraj Sharma vs. Pragya Sharma}, pending before the learned Principal Judge, Family RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.09.05 11:22:22 +0530 2 Court, Bilaspur, District Bilaspur (CG), to the learned Family Court, Surajpur, District Surajpur (CG). 2. Learned counsel for applicant/wife would submit that the marriage of applicant/wife was solemnized with the respondent/husband on 12.03.2023 as per the Hindu rituals and customs. Out of the wedlock, they have been blessed with a female child, aged about 3 years. He further submits that a few months after their marriage, the respondent/husband started physically and mentally harassing the applicant/wife and ultimately ousted her from the matrimonial home. Consequently, the applicant/wife is presently residing with her parents at Village Tara, District Surajpur, along with the minor child. He would further submit that the respondent/husband has filed the 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.27A/2026 before the learned Principal Judge, Family Court, Bilaspur. It is also submitted that the mother of the respondent /husband has filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the applicant/wife, which is pending as MJC Criminal No. 419/2026 (Manju Sharma vs. Pragya Sharma) before the Judicial Magistrate First Class (JMFC), Bilaspur. He further submitted that the applicant/wife has also filed an application under Section 144 of the Bhartiya Nagarik Suraksha Sanhita (for short “BNSS”) seeking maintenance before the learned Judge, Family Court, Surajpur, District Surajpur (CG) 3 registered as Misc. Criminal Case No.141/2026. She has also filed an application under Section 9 of the Act, 1955 for restitution of conjugal rights before the learned Judge, Family Court, Surajpur registered as Civil Suit No.100A/2026, and an application under Section 85(3)(5) of the Bharatiya Nyaya Sanhita, 2023 (for shot ‘BNS’) and Sections 2, 4 and 5 of the Chhattisgarh Tonahi Pratadna Nivaran Adhiniyam, 2005, which is pending as Misc. Criminal Case No.5556/2026 before the learned JMFC, Surajpur. 2.1 Learned counsel for the applicant/wife further submits that the distance between Surajpur and Bilaspur is about 500 km (to and fro), and being a lady and the mother of a minor child, it would be difficult for the applicant/wife to travel such a long distance to attend the proceedings. Hence, it is prayed that the present petition may be allowed and Civil Suit No.27A/2026 filed by respondent/husband be transferred from the Family Court, Bilaspur (CG) to the Family Court, Surajpur (CG). 3. I have heard learned counsel for the applicant and perused the material available on record carefully. 4. Admittedly, three cases are already pending against the respondent/husband before the Family Court, Surajpur. The distance between Surajpur and Bilaspur is said to be about 500 km (to and fro). Considering that the applicant/wife is a lady and the mother of a minor child, it would be difficult for her to attend 4 hearing before the Family Court, Bilaspur, if the civil suit (divorce petition) filed by respondent/husband is not transferred to the Family Court, Surajpur. 5. Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at para 9 which reads as under:- "9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.” 6. Hon'ble Supreme Court in the matter of Sumita Singh Versus Kumar Sanjay and another reported in 2001 10 SCC 41 has observed that if husband files suit against wife, then convenience of wife must be looked into. Hon'ble Supreme Court in the matter of Rajani Kishor Pardeshi Versus Kishore Babulal Pardeshi 5 reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband. 7. Considering the aforesaid facts and circumstances of the case, as discussed in preceding paragraphs, and in view of the principles laid down in the aforecited case laws of Hon’ble Apex Court, wherein it has been observed that, in transfer of matrimonial cases, the wife's convenience must be looked into, this Court is of the considered opinion that the present case is fit one for transfer of the civil suit, as prayed for. 8. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No.27A/2026 {Neeraj Sharma v. Pragya Sharma} pending before the Principal Judge, Family Court, Bilaspur (CG), be transferred to the Family Court, Surajpur (CG) for its trial/disposal in accordance with law. The Family Court, Bilaspur, District Bilaspur (CG) is directed to transmit the record of the aforesaid Civil Suit No.27A/2026 to the Family Court, Surajpur (CG), within a period of 15 days from the date of receipt/submission of a copy of this order. 9. It is further directed that after receiving the case on transfer, the Family Court, Surajpur (CG) 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 6 concerned Family Court for early disposal of the case. 10. Pending application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar