1 2026:CGHC:14597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 3 of 2026 Smt. Sunita Kashyap W/o Gajendra Kashyap Aged About 27 Years R/o Village- Dongakahround P.S. And Tahsil Pamgarh, District- Janjgir-Champa (C.G.) . Petitioner(s) versus 1 - Gajendra Kashyap S/o Nathuram Kashyap Aged About 31 Years R/o Vyapar Vihar Ward No.12, Near Income Tax Office, Sakare Gali, Talapara, P.S. Civil Line Tahsil And District- Bilaspur (C.G.) Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Nilu Kumar Singh, Advocate For Respondent(s) : Mr. Amit Khalko, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 27/03/2026 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 Case No. C.S. 731-A/2025, filed under Section 13 of the Hindu Marriage Act, 1955, pending before the learned Family Court, Bilaspur (C.G.), to the Family Court, Janjgir, District Janjgir-Champa (C.G.). RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.03.27 16:24:40 +0530 2 2. The marriage between the petitioner and the respondent was solemnized on 27.06.2020 in accordance with Hindu rites and customs. Out of the said wedlock, a female child aged about 4 years was born, who is presently residing with the petitioner. 3. (a) Learned counsel for the petitioner submits that after a few months of marriage, the respondent started subjecting the petitioner to cruelty and physical harassment. Despite efforts made by the petitioner to sustain the matrimonial relationship, no improvement was noticed in the conduct of the respondent and his family members. Eventually, the petitioner was compelled to leave the matrimonial home in April, 2023 and is presently residing at her parental home along with the minor child. (b) It is further submitted that the petitioner had filed an application under Section 125 Cr.P.C. before the learned Family Court, Janjgir, which was allowed vide order dated 30.01.2025, directing the respondent to pay maintenance of ₹2,000/- each to the petitioner and the minor daughter. It is also submitted that an application under Section 144(3) of BNSS for recovery of maintenance amount is pending before the Family Court, Janjgir, in which the respondent is regularly appearing. (c) Learned counsel for the petitioner further submits that during the pendency of the aforesaid proceedings, the respondent has filed a petition under Section 13 of the Hindu Marriage Act, 1955 before the learned Family Court, Bilaspur, which has been registered as Case No. C.S. 731-A/2025. It is submitted that the petitioner came to know about the said proceedings only upon receipt of notice. It is contended that the 3 petitioner is residing at Village Dongakahroud, P.S. Pamgarh, and there is no direct connectivity to Bilaspur. She has to travel first to Janjgir and thereafter to Bilaspur, which causes considerable hardship, particularly as she has to travel with a minor child and has no elder family member to accompany her. It is further submitted that the respondent has sufficient means and would not face any difficulty in attending the proceedings at Janjgir, especially when he is already appearing in the proceedings pending before the Family Court, Janjgir. 4. Learned counsel for the respondent submits that while attending the proceedings before the Family Court, Janjgir-Champa, the brother of the present petitioner had threatened him. It is further submitted that on another occasion, even before the Family Court, Bilaspur, the petitioner’s brother again extended threats of dire consequences, in respect of which the respondent has lodged a report at Police Station, Bilaspur. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Insofar as the allegation regarding threats extended by the petitioner’s brother is concerned, no report appears to have been lodged by the respondent at Janjgir-Champa. 7. Considering the facts of the present case, particularly the residence of the petitioner, her responsibility of a minor child, lack of proper connectivity to Bilaspur, and the pendency of maintenance proceedings between the parties at Janjgir, wherein the respondent is already appearing, this Court 4 is of the considered opinion that it would be appropriate to transfer the proceedings in question in the interest of justice and convenience. 8. Accordingly, the proceedings bearing Case No. C.S. 731-A/2025 pending before the learned Family Court, Bilaspur are hereby transferred to the competent Family Court at Janjgir, District Janjgir-Champa (C.G.), for hearing and disposal in accordance with law. 9. Considering the submissions of learned counsel for the respondent, it is observed that in the event the respondent faces any difficulty in attending the proceedings before the Family Court, Janjgir, he shall be at liberty to file an appropriate application before the said Court seeking permission to appear through video conferencing, which shall be considered in accordance with law. 10. Consequently, the transfer petition stands allowed. Sd/- (Bibhu Datta Guru) JUDGE Rahul