1 2025:CGHC:41024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 49 of 2025 Smt. Rishita Tiwari W/o Shri Navin Tiwari Aged About 33 Years D/o Shri Satish Chandra Shukla, R/o. Vipra Nagar, Behind Manuash Reality, Raipura, Tehsil And District- Raipur (C.G.) ... Petitioner versus Navin Tiwari S/o Shri Dhruv Narayan Tiwari Aged About 32 Years R/o Street No. 28, Shanti Nagar, Bhilai, Tehsil And District- Durg (C.G.) ... Respondent For Petitioner : Mr. Vivek Mishra, Advocate For Respondent : None present, though served. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 14.8.2025 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.CS-A/501/2024 (Navin Tiwari vs. Smt. Rishita Shukla) pending before Principal Judge, Family Court, Durg to Principal Judge, Family Court, Raipur (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 27.6.2020 in accordance with Hindu rites and customs. Within few months of their marriage, their relationship turned sour and the petitioner was compelled to leave her matrimonial home and is presently residing with her parents in Raipur. The petitioner/wife has filed maintenance application under Section 144 BNSS bearing BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.08.14 17:42:20 +0530 2 MJC No.362/2025 before Family Court, Raipur, in which the respondent/husband has entered his appearance. He further submits that though distance between Raipur and Durg is about 45 Km, but one case is already pending before Family Court, Raipur, hence if the divorce petition bearing No.CS-A/501/2024 filed by the respondent/husband before Family Court, Durg is transferred to Family Court, Raipur, it would be convenient not only for the petitioner/wife, but also to the respondent/husband, as he can appear in both the cases in Family Court, Raipur. Hence, it is prayed that present transfer petition may be allowed and Civil Suit No. CS-A/501/2024 be transferred from Family Court, Durg to Family Court, Raipur 3. Despite service of notice, none present on behalf of the respondent. 4. I have heard learned counsel for the parties 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 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 3 observed that the convenience of wife is to be preferred over the convenience of the husband. 7. As per the petitioner, application under Section 144 of BNSS for maintenance is already pending against the respondent/husband before Family Court, Raipur and he has to attend that proceeding, hence, it would be convenient for the respondent/husband also if the divorce case bearing No.CS-A/501/2024 is transferred from Principal Judge, Family Court, Durg (CG) to Principal Judge, Family Court, Raipur (CG). 8. Considering the fact situation of the case and also 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 Civil Suit No.CS-A/501/2024, pending before the Principal Judge, Family Court, Durg be transferred to Principal Judge, Family Court, Raipur (CG) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Durg (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. Further, the Principal Judge, Family Court, Raipur is directed to expedite the trial and conclude the same expeditiously, preferably within a period 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