Saurabh Kumar Dubey Vs Smt. Nisha Sharma

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2025:CGHC:8947

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 29 of 2025

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1 - Saurabh Kumar Dubey S/o Shri Ashok Kumar Dubey, aged About 30 Years R/o Rajeev Nagar, Near Keju Rice Mill, Durg, Tehsil And District- Durg, Chhattisgarh

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... Petitioner

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versus

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1 - Smt. Nisha Sharma W/o Saurabh Kumar Dubey Aged About 28 Years D/o Late Shri Janardhan Prasad Sharma, R/o Arjuni Bazar Chowk, Village- Arjuni, Police Station - Bhatapara (Village), District- Balodabazar-Bhatapara Chhattisgarh. (Address Is Mentioned Correctly)

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... Respondent

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TPC No. 16 of 2025

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1 - Smt. Nisha Sharma Dubey W/o Sourabh Kumar Dubey, D/o Late Shri Janardhan Prasad Sharma, Aged About 28 Years, R/o Arjuni Bazar Chowk, Arjuni, Baloda Bazar, District Baloda Bazar (C.G.)

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... Petitioner

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versus

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1 - Saurabh Kumar Dubey S/o Shri Ashok Kumar Dubey Aged About 30 Years R/o Rajiv Nagar, near Keju rice mill, Tehsil And District- Durg, (C.G.)

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... Respondent

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For Petitioner / Husband : Mr. Anmol Sharma, Advocate. For Respondent / Wife : Mr. Karan Kumar Bahrani, Advocate.

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Hon’ble Mr. Justice Naresh Kumar Chandravanshi

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Order on Board

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20/02/2025

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1. Since both the transfer petitions have been filed by husband & wife

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seeking transfer of application under Section 144 of the BNSS, 2023 and Civil

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Suit No. 904/2024 filed against each others in different places, therefore, both the petitions are being heard together and decided by this common order.

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2. Petitioner /husband has preferred TPC No. 29 of 2025 under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Application for Maintenance filed by Respondent/wife under Section 144 of Bhartiya Nagarik Suraksha Sanhita, 2023 bearing Case No. 15/2025 (Smt. Nisha Sharma Dubey Vs. Saurabh Kumar Dubey) before Family Court, Balodabazar, District – Balodabazar – Bhatapara to the Court of Principal Judge, Family Court, Durg, District Durg.

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3. Whereas, petitioner/wife has preferred TPC No. 16 of 2025 under Section 24 of the Civil Procedure Code, 1908 for transfer of Civil Suit No. 904 of 2024 (Sourabh Kumar Dubey vs. Smt. Nisha Sharma Dubey) pending before the Principal Judge, Family Court, Durg, District Durg to the Family Court, Baloda Bazar, District Baloda Bazar (C.G.)

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4. Facts of the case, in nutshell, are that marriage between the parties was solemnized on 10.12.2020 as per Hindu rites and rituals at Bhatapara. They lived together for about 8 months and they have been blessed with male child, aged about 2 ½ years at present. It is alleged that on being harassment meted out to the wife by husband, she left the company of husband and residing alongwith her brother at Balodabazar, District Balodabazar-Bhatapara.

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5. Learned counsel for the petitioner/wife - Smt. Nisha Sharma Dubey in TPC No. 16 /2025 would submit that respondent / husband has filed divorce petition bearing Civil Suit No. 904/2024 in the Court of Principal Judge, Family Court, Durg. He further submits that distance between Balodabazar to Durg is about 125 kms., being mother of 2 ½ year child, it would be difficult for her to go to attend the hearing in the Court of Durg, as the distance between these places is 250 kms to and fro to attend the proceeding at Baloda Bazar (C.G.). He

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further submits that one maintenance case bearing No. 15/2025 filed by the wife against the husband is already pending in the Family Court, Balodabazar, therefore, it would be convenient for both the parties if civil suit No. 904 / 2024 filed by the husband seeking divorce is transferred from the court of Family Court, Durg to Family Court, Baloda Bazar.

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6. Per contra, learned counsel appearing for husband – Saurabh Kumar Dubey in TPC No. 29 / 2025 would submit that after filing divorce petition bearing Civil Suit No. 904 / 2024 (Sourabh Kumar Dubey vs. Nisha Sharma Dubey) by husband in Family Court, Durg, wife has filed maintenance case No. 15 /2025 only to harass the husband. He further submits that husband is suffering from renal decease, as his both the kidneys have failed and one kidney has been transplanted upon him from his mother. Having considered such medical infirmity, it would be difficult for the petitioner to travel from Durg to Baloda Bazar. He further submits that husband is ready to pay pendent lite maintenance to the wife.

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7. I have heard learned counsel for the parties and perused the material available on record.

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8. Though the parties are having child aged about 2 ½ year, who is residing alongwith his mother at Bhatapara and while transferring the case, convenience of female ought to have been considered, but in the instant case, husband has filed various medical documents to demonstrate the fact that he is suffering from renal decease and because of failing of his both the kidneys, one kidney has been transplanted upon him from his mother.

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9. Having considered the medical condition of the husband, circumstances of husband appears to be more serious then the wife.

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10. At this stage, counsel for both the parties have extended their consent that since both the parties are having their own reasons, therefore, they jointly submit

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that both the cases i.e. maintenance case bearing No. 15 / 2025 (Smt. Nisha Sharma Dubey vs. Sourabh Kumar Dubey) pending before the Principal Judge, Family Court, Balodabazar. District Balodabazar – Bhatapara and divorce case bearing Civil Suit No. 904 / 2024 ( Sourabh Kumar Dubey vs. Nisha Sharma Dubey) pending before Principal Judge, Family Court, Durg may be transferred to the Principal Judge, Family Court, Raipur, as the Raipur is only about 50-60 kms. far from Durg and Balodabazar-Bhatapara, as such, it would be convenient for both the parties.

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11. Having considered the joint contention made by both the parties, I feel inclined to accept their contention, as such, both the petitions deserves to be allowed in part.

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12. In view of above, both the instant transfer petitions are allowed in part. It is ordered that the application for maintenance filed by wife under Section 144 of Bhartiya Nagarik Suraksha Sanhita, 2023 bearing Case No. 15/2025 (Smt. Nisha Sharma Dubey Vs. Saurabh Kumar Dubey) pending before Family Court, Balodabazar, District – Balodabazar – Bhatapara and Civil Suit No. 904 of 2024 (Sourabh Kumar Dubey vs. Smt. Nisha Sharma Dubey) filed by husband pending before the Principal Judge, Family Court, Durg, District Durg be transferred to the Principal Judge, Family Court, Raipur. The Principal Judge, Family Court Balodabazar & Principal Judge, Family Court, Durg directed to transmit the record of the above cases to the court of Principal Judge, Family Court, Raipur within a period of 15 days.

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13. The Principal Judge, Family Court, Raipur is directed to expedite the trial of both the cases and conclude the same expeditiously preferably within period of four months from the date of receipt of the record from transferring Court. If personal presence of parties is not required, then the Principal Judge, Family

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Court, Raipur is directed to permit the parties to appear before the court through video conferencing.

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14. In view of above order, pending interim application, if any, stands disposed of. No order as to costs.

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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Amit/-