PRAGYA SHARMA vs NEERAJ SHARMA

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CGHC010296262026 2026:CGHC:38925
NAFR
RUKHSAR
BANO
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed by
RUKHSAR BANO
Date: 2026.09.05
11:22:22 +0530
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

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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- ) of the Hindu
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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)

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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

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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

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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

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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