Chhattisgarh HC Rejects Husband’s Bid To Shift Wife’s Maintenance Case From Bilaspur, Where She Lives With Their 3-Year-Old Son

The husband sought transfer under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), of the wife’s maintenance proceeding, Misc. Criminal Case No. 868/2026, from the Family Court at Bilaspur to the Family Court at Raigarh.

The wife and the parties’ approximately three-year-old son were residing at Bilaspur with her parents. The husband stated that he lived and worked at Raigarh, had filed a petition under Section 9 of the Hindu Marriage Act there, and had to take repeated leave to attend the Bilaspur proceeding. He offered to pay the wife’s reasonable travel expenses and submitted that the two cities were about 143 km apart, with direct bus and train connections.

Section 447 of the BNSS provides the basis for the transfer petition.

In considering transfer in matrimonial matters, the Court relied on N.C.V. Aishwarya v. A.S. Saravana Karthik, 2022 SCC OnLine SC 1199, which states that the ends of justice govern transfer and that courts should consider the parties’ economic and social circumstances, livelihood, and other relevant conditions; generally, the wife’s convenience should be considered.

The Court also relied on Sumita Singh v. Kumar Sanjay, (2001) 10 SCC 41, and Rajani Kishor Pardeshi v. Kishore Babulal Pardeshi, (2005) 12 SCC 237, for the principle that, in matrimonial proceedings, the wife’s convenience is to be preferred over the husband’s.

The Court considered the husband’s employment and travel-related inconvenience, as well as the distance and transport links between Raigarh and Bilaspur.

However, the wife was living at Bilaspur with the parties’ young child, and requiring her to travel to Raigarh would cause her greater inconvenience. Applying the principle that the wife’s convenience generally merits priority in matrimonial transfer matters, the Court held that the husband’s circumstances and offer to pay travel expenses did not warrant transfer.

Misc. Criminal Case No. 868/2026 remained before the Family Court at Bilaspur. Any pending interlocutory applications were disposed of, with no order as to costs.