1 2025:CGHC:16508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 56 of 2024 Smt. Rinky Namdeo W/o Shri Ajay Kumar Namdeo, D/o Late Shri Sita Ram Namdeo, Aged About 38 Years R/o -R.D. Colony, Tikrapara, Raipur, District- Raipur (C.G.). ... Petitioner versus Shri Ajay Kumar Namdeo S/o Shri Ramesh Kuimar Namdeo, Aged About 43 Years R/o- Ward No. 4, Near Hanuman Mandir, Hanuman Ganj, Police Station Pendra, District- G.P.M. (C.G.). ... Respondent For Petitioner : Ms. Lata Nayak, Advocate For Respondent : None present, though represented. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 08.4.2025 1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No.38/2023 (Shri Ajay Kumar Namdeo Vs. Smt. Rinky Namdeo) pending before Upper District Judge, Pendra Road, Distt. Gourela-Pendra-Marwahi to Principal Judge, Family Court, Raipur Distt. Raipur (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 29.6.2018. After marriage, they resided together at Pendra and they were blessed with a male child, presently aged about 04 years. It is further submitted that after few months of the BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.04.09 10:47:24 +0530 2 marriage, the respondent/husband used to torture the petitioner/wife mentally and physically and he took her to her parental house and left her there at Raipur. Despite various efforts made by the petitioner, the respondent did not take her back, as such, she is living with her parents at Raipur along with her minor son, aged about 04 years. She would further submit that petitioner has filed application under Section 125 CrPC for maintenance bearing Case No.824/2022 against the respondent, which is pending consideration before Family Court, Raipur. Thereafter, the respondent/husband has filed divorce petition bearing Civil Suit No.38/2023 before Upper District Judge, Pendra Road, Distt. Gourela-Pendra- Marwahi. She would further submits that being a mother of minor child, it would be difficult for the petitioner to travel from Raipur to Pendra Road, as the distance between two places is about 240 km, therefore, it is prayed that Civil Suit No.38/2023 be transferred from the Court of Upper District Judge, Pendra Road, Distt. Gourela-Pendra-Marwahi to Family Court, Raipur. 3. Despite service of notice, none present on behalf of the respondent. 4. I have heard learned counsel for the petitioner and perused the material placed on record. 5. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199), their Lordships of the Supreme Court has held as under:- "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 3 convenience which must be looked at while considering transfer.” 6. Hon'ble Supreme Court in the case of Sumita Singh -v- Kumar Sanjay and another [(2001) 10 SCC 41] has observed that if husband files suit against wife, then convenience of wife must be looked into. Hon'ble Supreme Court in the case of Rajani Kishor Pardeshi -v- Kishore Babulal Pardeshi [(2005) 12 SCC 237] has observed that the convenience of wife is to be preferred over the convenience of the husband. 7. In the instant case, the petitioner is mother of minor child, aged about 04 years. It is stated that distance between Raipur and Pendra Road is about 240 Km. Undisputedly Case No.824/22 filed by the petitioner/wife is already pending against the respondent/husband before Principal Judge, Family Court, Raipur and he has to attend that proceeding, hence, it would be convenient for the respondent/husband also if the case bearing Civil Suit No.38/2023 is transferred from the Court of Upper District Judge, Pendra Road, Distt. Gourela-Pendra-Marwahi (CG) to Principal Judge,Family Court, Raipur (CG). 8. Considering the fact situation of the case and the distance between aforesaid two places and further considering the aforecited case laws, wherein it has been observed that, in transfer of matrimonial cases, the wife’s convenience must be looked into, in the considered opinion of this Court, it is a fit case for transfer of the civil suit, as prayed for. 9. Accordingly, the instant transfer petition is allowed. It is ordered that the Civil Suit No.38/2023, pending before Upper District Judge, Pendra Road, Distt. Gourela- Pendra-Marwahi (CG) be transferred to the Principal Judge, Family Court, Raipur Distt. Raipur (CG) for its trial/ disposal in accordance with law. The Upper District Judge, Pendra Road, Distt. Gourela-Pendra-Marwahi (CG) is directed to transmit the record of the above case to the Principal Judge, Family Court, Raipur within a period of 15 days. 10. It is further directed that the Principal Judge, Family Court, Raipur is directed to expedite the trial and conclude the same expeditiously, preferably within a period 4 of four months from the date of receipt of the record from transferring Court. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case. 11. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Bini