1 2025:CGHC:15153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 42 of 2025 1 - Smt. Puja Gupta W/o Jai Shankar Prasad Gupta, D/o Krishna Kumar Gupta, R/o Ward No.- 8, Village And Post Jarhi, Tehsil Pratappur, District- Surajpur (C.G.) Present Address- Beside Suryoday Bhawan, Village Tilsiwan P.S. Surajpur, District- Surajpur (C.G.) ... Petitioner versus 1 - Jai Shankar Prasad Gupta S/o Ramesh Gupta Aged About 36 Years R/o House No. - 36, Baniya Para, Pratapgarh, Post Pratapgarh, Sitapur, P.S. And Tehsil - Sitapur, District- Surguja (C.G.) ... Respondent For Petitioner : Mr. Shakti Raj Sinha, Advocate. For Respondent : Mr. Devashish Vishwas, Advocate. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 28/03/2025 Heard. 1. Petitioner wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 for transfer of Civil Suit No. 210-A / 2024 pending before the Judge, Family Court, Ambikapur, District Surguja (C.G.) 2 titled as “Jai Shankar Prasad Gupta vs. Smt. Pooja Gupta” to the Court of Judge, Family Court, Surajpur, District Surajpur. 2. Learned counsel appearing for the petitioner submits that marriage of petitioner/wife was solemnized with the respondent/husband on 30.07.2023 as per Hindu rites and rituals. After marriage, they lived together about four months. He submits that the as petitioner/wife is a government employee and posted at her maternal place i.e. Surajpur, the respondent / husband used to pressurize her to leave her job and live with him at Seetapur, District Amibikapur, where he resides. Since the petitioner/wife did not accept the proposal of respondent/husband, therefore, she has left the company of respondent husband and residing at Surajpur alongwith her parents. He further submits that the petitioner/wife has filed an application under Section 9 of the Hindu Marriage Act, 1955 (henceforth “HMA Act, 1955”) against the respondent/ husband for Restitution of Conjugal Rights before Family Court, Surajpur bearing Civil Suit No. 134-A/2024, thereafter, the respondent/husband has filed application under Section 10 of the HMA Act, 1955 for judicial separation from the petitioner before Family Court, Ambikapur, District Sarguja bearing Civil Suit No. 210-A /2024. It is further submitted that distance between Ambikapur & Surajpur is only 40 kms., but being a government employee, it would be difficult for her to attend the hearing of aforesaid civil suit at Ambikapur, District Sarguja, rather, one case under Section 9 of the HMA Act, 1955 filed by the petitioner/wife is already pending against the respondent/husband at Family Court, Surajpur, therefore, it would not be inconvenient to the respondent/husband, if aforesaid application under Section 10 of the HMA Act, 1955 is transferred from Family Court, Ambikapur, District Sarguja to Family Court, Surajpur, hence, it is prayed that this petition may be allowed and Civil Suit No. 210-S/2024 3 pending before the Judge, Family Court, Ambikapur, District Surguja may be transferred to Family Court, Surajpur. 3. Per contra, learned counsel for the respondent / husband would submit that respondent / husband is presently residing at Seetapur, District Surguja and distance between Surguja to surajpur is 80 kms. to and fro, therefore, if the case is transferred from Ambikapur, District Surguja to Surajpur, therefore, it would difficult for him to travel such a long distance. Although, he conceded that one case under Section 9 of the HMA Act, 1955 for restitution of Conjugal Rights bearing CivilL Suit No. 134-A/2024 is pending against him at Family Court, Surajpur. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having regard to the fact that though distance between Surajpur to Ambikapur is not too much i.e. only 40 kms., but the petitioner is said to the be government employee, therefore, it would be difficult for her to attend the hearing of the case at Ambikapur, District Surguja. Further, one case under Section 9 of the HMA Act, 1955 for restitution of Conjugal Rights bearing Civil Suit No. 134-A/2024 is pending against respondent/husband at Family Court, Surajpur, therefore, respondent/husband has to go to attend hearing in that case, as such, it would not cause any difficulty to the respondent/husband, if application under Section 10 of the HMA Act, 1955 for judicial separation filed by him is transferred from Ambikapur, District Surguja to Surajpur. 6. 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:- 4 "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.” 7. Hon'ble Supreme Court in the matter 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 matter 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. 8. Considering the facts situation of the case, which has been observed in preceding paragraphs of his order and in light of the principles of law laid down by the Apex Court in aforecited cases; it is a fit case for transfer of the civil suit, as prayed for. 9. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. 210-A/2024 pending before the Judge, Family Court, Ambikapur, District Surguja is transferred to the Court of Judge, Family Court, Surajpur, District Surajpur for its trial/ disposal in accordance with law. The 5 Judge, Family Court, Ambikapur, District Surguja is directed to transmit the record of the above case to the court of Judge, Family Court, Surajpur, District Surajpur within a period of 15 days. 10. It is made clear that the Judge, Family Court, Surajpur, District Surajpur shall expedite the trial and conclude the same expeditiously preferably with a period of four months from the date of receipt of the record from transferring Court. 11. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Amit/-