2026:CGHC:15069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by JYOTI JYOTI SHARMA SHARMADate:

2026.04.02 16:22:20 +0530 TPC No. 37 of 2026 Ruchi Agrawal W/o Rahul Agrawal, Aged About 29 Years D/o Shri Natwar Lal Agrawal, R/o Near Gandhi Statue, Raigarh, Tahsil And District Raigarh C.G.

... Petitioner(s)

versus Rahul Agrawal S/o Shri Prakashchand Agrawal, Aged About 28 Years Occupation- Business, R/o House No. 711, Mungeli Road, Kailash Dal Mill, Kududand, Bilaspur C.G.

... Respondent(s)

(Cause-tile taken from the Case Information System)

For Petitioner : Mr. Jitendra Pali, Advocate.

For Respondent : Mr. Ankit Singhal through V.C. along with Mr. Ashish Mittal, Advocate Hon’ble Shri Bibhu Datta Guru, Judge

Order on Board

01/04/2026

1. The present petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner seeking transfer of the Civil Suit No. 121A/2024 pending before the Court of Judge, Family court, Raigarh to any other competent jurisdictional Court within the Raigarh District.

2. The petitioner filed the instant petition pleading, inter alia, that owing to disputes between the petitioner and her husband (respondent herein), the respondent moved the matrimonial proceedings before the learned Family Court, which came to be registered as Civil Suit No.121A/2024, which is pending. According to the petitioner, the administrative functioning of the Court has been seriously compromised by the conduct of the court staff (Prastutkar). It is alleged that the staff, in collusion with the respondent, has manipulated the court diary by fixing unnaturally short and consecutive dates, deliberately withheld and delayed the petitioner’s pleadings and written submissions, and interfered with the proper placement and consideration of interlocutory applications during hearings. It is further alleged that despite complaints made to the higher authorities, the staff acted in a retaliatory and hostile manner, thereby creating a prejudiced and hostile environment. On account of such continuous procedural irregularities and administrative interference, the petitioner has developed a reasonable apprehension that she will not receive a fair and impartial trial, necessitating transfer of the case.

3. In the said transfer petition, specific allegations were made by the petitioner that on the dates fixed before the learned Family Court, Raigarh i.e. 03.01.2026, 08.01.2026 and 19.01.2026, the Presiding Officer was not holding the Court; however, proceedings in the matter were drawn in the absence of the petitioner and such proceedings have been recorded behind the back of the petitioner, which has caused serious prejudice to her.

4. Today when the matter is called up for hearing, learned counsel for both the parties jointly submit that the present transfer petition has become infructuous as the Presiding Officer who had passed the orders dated 03.01.2026, 08.01.2026 and 19.01.2026 has since been transferred and a new incumbent has already joined.

5. (a) At this juncture, learned counsel appearing for the petitioner would submit that he has filed an application (I.A.No.2 of 2026) for taking documents on record. He would submit that the present petition has been filed on account of a bona fide apprehension of bias against the learned Presiding Officer before whom the civil suit of the petitioner was pending. It is submitted that on 03.01.2026, 08.01.2026 and 19.01.2026, the said court passed certain orders in the absence of the petitioner. It is further submitted that on 10.03.2026, this Court granted interim relief in favour of the petitioner and stayed the proceedings of Civil Suit No. 121A/2024 pending before the learned Family Court, Raigarh, till the next date of hearing. He further submits that the said fact was brought to the notice of the concerned Presiding Officer on the same day by the father of the petitioner along with Naya Mitra Shri S.R. Dansena at about 11:00 A.M., and the Court Reader of the said court h