[Cites 2, Cited by 0]
Chattisgarh High Court
Smt. Shirin Sultana vs Moin Khan on 26 February, 2026
1
2026:CGHC:9987
SOURABH
BHILWAR NAFR
Digitally signed by
SOURABH BHILWAR
Date: 2026.02.26
18:00:16 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 18 of 2026
1 - Smt. Shirin Sultana W/o Moin Khan Aged About 32 Years R/o House
No. 551, Gandhi Nagar, Beside Rice Mill, Janjgiri, Charoda, Bhilai,
Thana Old Bhilai, Dist. Durg C.G.
2 - Mohd. Afan Khan Aged About 4 Years Minor Through His Mother
Smt. Shirin Sultana, R/o House No. 551, Gandhi Nagar, Beside Rice
Mill, Janjgiri, Charoda, Bhilai, Thana Old Bhilai, Dist. Durg C.G.
--- Petitioner(s)
versus
Moin Khan S/o Abdul Rahman Aged About 35 Years R/o House No.
26/30, Near Harish Kirana Store, Raja Talab, Devendra Nagar, Raipur,
Thana Devendra Nagar, Tahsil And Dist. Raipur C.G.
--- Respondent(s)
with
1 - Smt. Shirin Sultana W/o Moin Khan Aged About 32 Years R/o House
No. 551, Gandhi Nagar, Beside Rice Mill, Janjgiri, Charoda, Bhilai,
Thana Old Bhilai, Dist. Durg C.G.
2 - Mohd. Afan Khan Aged About 4 Years Minor Through His Mother
Smt. Shirin Sultana, R/o House No. 551, Gandhi Nagar, Beside Rice
Mill, Janjgiri, Charoda, Bhilai, Thana Old Bhilai, Dist. Durg C.G.
---Petitioner(s)
Versus
Moin Khan S/o Abdul Rahman Aged About 35 Years R/o House No.
26/30, Near Harish Kirana Store, Raja Talab, Devendra Nagar, Raipur,
Thana Devendra Nagar, Tehsil And Dist. Raipur C.G.
... Respondent
(Cause title is taken from Case Information System)
For Petitioners : Mr. T.K. Tiwari, Advocate
For Respondent : Mr. Ankush Soni, Advocate
(HON'BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board
26/02/2026
1. Since both the petitions filed by the same petitioners and they
involve similar facts and grounds they are being considered and
decided by this common order.
2. By the present petitions, the petitioners, who are the wife and son
of the respondent are challenging the order dated 14/11/2025
passed by the learned Principal Judge, Family Court, Durg, in
Misc. Civil Suit No. 102/2025 (Annexure P/2 in TPC No. 18/2026)
and Misc. Civil Suit No.103/2025 (Annexure P/2 in TPC No.
195/2025), whereby the application filed by the petitioners under
Section 24 of the CPC, seeking transfer of Criminal Case No.
137/2023 and Criminal Case No. 1210/2024, pending before the
Court of learned III Additional Principal Judge, Family Court, Durg,
C.G. to any other competent Court having the same jurisdiction,
have been rejected.
3. It is an admitted fact that the marriage between petitioner No.1
and the respondent was solemnized on 04/01/2018 in accordance
with Muslim rites and customs. Out of the said wedlock, they have
been blessed with a male child, who is presently about 4 years of
age and has been impleaded in the present petitions as petitioner
No.2.
4. Learned counsel for the petitioners submits that petitioner No.1
was subjected to continuous mental and physical cruelty soon
after her marriage with the respondent, on account of unlawful
demand of dowry, and was ultimately compelled to leave her
matrimonial home along with petitioner No.2. He submits that
owing to such harassment and subsequent incidents, including
registration of criminal proceedings and filing of an application
under Section 125 of the Cr.P.C. for maintenance, multiple
litigations between the parties are pending. Learned counsel
further submits that despite an interim order directing payment of
maintenance, the respondent has failed to comply with the same.
He also contends that on 19/08/2025, when the matter was listed
and the petitioners sought enforcement of the interim
maintenance order, they were asked to wait outside the Court
room and the case was taken up later at about 4:30 PM. During
the proceedings, the learned Presiding Officer allegedly
suggested the respondent to file an application relating to custody
of petitioner No.2 and indicated that the same would be
considered, which has given rise to a reasonable apprehension in
the minds of the petitioners regarding fairness of the proceedings.
It is, therefore, prayed that to ensure impartial adjudication, the
pending cases deserve to be transferred to any other competent
Court having jurisdiction.
5. Learned counsel for the respondent has no objection to the above
prayer made by the counsel for the petitioner, in respect of
transfer of case to other Court.
6. I have heard learned counsel for the parties, perused the
pleadings and the documents appended thereto.
7. Having regard to the submissions of learned counsel for both the
parties, considering certain allegations levelled against the
concerned Presiding Officer and particularly keeping in mind that
the disputed involved in the present matters is a family dispute
between husband and wife, this Court is inclined to allow the
prayer made by the petitioner.
8. Accordingly, both the Transfer Petitions are hereby allowed. The
learned Principal District Judge, Durg is directed to take
cognizance in the matter; withdraw both the Criminal Case No.
137/2023 and Criminal Case No. 1210/2024, which are pending
before the learned III Additional Principal Judge, Family Court,
Durg, C.G. and assign the same to any other competent Court
having jurisdiction at Durg, in accordance with law for their trial
and disposal on its own merits.
9. Both the parties are directed to remain present before the learned
Principal District Judge, Durg, C.G. on 17.03.2026, who will
assign the cases to the competent Court situated at Durg and will
inform both the parties about the date of their presence before the
said Court.
Sd/-
(BIBHU DATTA GURU)
JUDGE
$. Bhilwar
