Smt. Anjali Agrawal vs Rupesh Agrawal
2026 Latest Caselaw 1297 Chatt

Citation : 2026 Latest Caselaw 1297 Chatt
Judgement Date : 6 April, 2026

[Cites 4, Cited by 0]

Chattisgarh High Court

Smt. Anjali Agrawal vs Rupesh Agrawal on 6 April, 2026

                                                              1




                                                                           2026:CGHC:15627

                                                                                        NAFR

                                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                      TPC No. 10 of 2026

AMARDEEP Smt. Anjali Agrawal D/o Ajay Agrawal W/o Rupesh Agrawal Aged About
CHOUBEY 30 Years R/o Village- Reda. Tahsil Sarangarh, District- Sarangarh-
Digitally signed by
                      Bilaigarh ( C.G. )
AMARDEEP
CHOUBEY
                                                                                      ... Petitioner
Date: 2026.04.06
18:04:36 +0530
                                                           versus

                      Rupesh Agrawal S/o Sajan Agrawal Aged About 32 Years R/o Behind
                      Janki Dharamshala, Kharsia, Tehsil And District- Raigarh ( C.G. ).

                                                                                 ... Respondent

(Cause-title taken from the Case Information System)

For Petitioner : Ms. Pragati Pandey, Advocate.

                      For Respondent              :     Mr. Amit Sharma, Advocate


                                           Hon'ble Shri Bibhu Datta Guru, Judge
                                                   Judgment on Board
                      06/04/2026

1. By this petition, the petitioner is seeking the transfer of case bearing

Civil Suit No.A/211/2024, pending before the Family Court, Raigarh

to the Court of District & Additional Sessions Judge, Sarangarh,

Revenue Dist: Sarangarh-Bilaigarh.

2. Learned counsel for the petitioner submits that the marriage

between the parties was solemnized on 06.07.2022. With the

passage of time, the behavior of the respondent/husband towards

the petitioner/wife changed, and the respondent's family members

began subjecting the petitioner to physical and mental cruelty by

raising demands for dowry and household articles. Learned counsel

submits that the father of the petitioner tried to manage the

matrimonial life of the petitioner through social meeting, but the

behavior of the respondent never changed. At present, the petitioner

is living with her parents at village Reda, District Sarangarh.

Learned counsel submits that the petitioner has filed an application

under Section 9 of the Hindu Marriage Act, registered as Civil Suit

No. A/55/2024, before the District and Additional Sessions Judge,

Sarangarh and the petitioner has also filed a Criminal Case No.

2402/2024 pursuant to an FIR registered under Sections 85 and

3(5) of the BNS, 2023. Learned counsel further submits that it will

be inconvenient for her to attend the proceedings of before the

learned Family Court, Raigarh, C.G. on the scheduled dates of

hearing. Such travel imposes severe hardship upon the petitioner,

therefore, the petition filed by the petitioner may be allowed.

3. Learned counsel for the respondent opposes the prayer made in the

petition and submits that that the respondent would also suffer

hardship and inconvenience in the event the case is transferred as

prayed for by the petitioner, as he would be required to travel from

Kharsia, District:Raigarh to Sarangarh to attend the proceedings on

each date of hearing. Learned counsel further submitted that mere

inconvenience cannot be a ground for allowing a transfer petition.

4. I have heard learned counsel for the parties, perused the pleadings

and documents appended thereto.

5. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik

(2022 SCC Online SC 1199) the Hon'ble Supreme Court has

observed that generally it is wife's convenience which must be

looked at while considering transfer. The relevant portion of the

aforesaid judgment is reproduced hereunder:-

"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.

10.Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."

6. Having regard to the submissions of learned counsel for the

petitioner and in view of the aforesaid principles, this Court is

inclined to allow the prayer made by the petitioner.

7. Consequently, the Transfer Petition is allowed and it is ordered that

case bearing Civil Suit No. A/211/2024 which is pending before the

learned Family Court Raigarh be transferred to the Court of District

& Additional Sessions Judge, Sarangarh, Revenue District: