1 2025:CGHC:45721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 60 of 2024 1 - Smt. Rashi Sharma W/o Shri Ankit Sharma Aged About 31 Years R/o Sirgitti Road, Bilaspur (Cg) --- Applicant versus 1 - Ankit Sharma S/o Shri Ram Dhirendra Sharma Aged About 37 Years R/o House No. 09, Adinath Vatika, Amlidih, New Rajendra Nagar, Raipur (C.G.) --- Respondent For applicant : Mr. Amiyakant Tiwari, Adv. For Respondent : Mr. Tanuj Patwardhan, Adv. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 08/09/2025 1 Applicant/wife has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Case No. 997/2023 (Ankit Sharma Vs. Smt. Rashi) pending before the Principal Judge, Family Court, Raipur (CG) to the Principal Judge, Family Court, Bilaspur (CG). 2 Learned counsel for the applicant/wife submits that marriage of applicant/wife and respondent/husband was solemnized on 15-5-2022. Soon after their marriage, in-laws of applicant started misbehaving and torturing her. Subsequently, the non-applicant sent her to her parental house. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.09.10 10:58:40 +0530 2 The non-applicant filed application under Section 11 of the Hindu Marriage Act before Judicial Magistrate First Class, Raipur for declaring their marriage null and void, for transfer of which, instant TPC has been filed. He further submits that one case filed by applicant under Domestic violence Act bearing MJC No. 520/2025 is pending before the Judicial Magistrate First Class, Bilaspur and one maintenance case filed by her bearing MJC No. 142/2025 is pending before the Family Court Bilaspur. Learned counsel for the applicant further submits that, father of applicant is ill and being a lady, it would be difficult for her to travel from Bilaspur to Raipur, as distance between these two places is 110 km. Therefore, instant TPC may be allowed and the case may be transferred, as prayed for. 3 On the other hand, learned counsel for the respondent/ husband submits that the applicant has not filed any document regarding illness of her father and there is direct bus and train connectivity between Raipur and Bilaspur, therefore, it would not be difficult for applicant to travel from Bilaspur to Raipur. Distance from Bilaspur to Raipur is also not too much. Therefore, instant transfer petition is liable to be dismissed. 4 Heard learned counsel for the parties and perused the material available in the transfer petition and the relevant provisions. 5 It is stated that, distance between Bilaspur to Raipur is more than 110 Km. i.e. 220 to and fro, the applicant is residing at Bilaspur in her parental house and her father is ill, therefore, it will be difficult for her to go to Raipur to attend court proceedings. 3 6 Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at paras 9 which reads 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.” 7 Hon'ble Supreme Court in the matter of Sumita Singh Versus Kumar Sanjay and another reported in 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 Versus Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband. 8 Considering the aforesaid facts of the case and 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 case, as prayed for. 4 9 Consequently, the instant transfer petition is allowed. It is ordered that Case No. 997/2023 (Ankit Sharma Vs. smt. Rashi) pending before the Principal Judge, Family Court, Raipur (CG) be transferred to the Principal Judge, Family Court, Bilaspur (CG) for its trial/disposal in accordance with law. 10 The Principal Judge, Family Court, Raipur is directed to transmit the record of the aforesaid case to the Principal Judge, Family Court, Bilaspur (C.G.), within a period of 15 days from the date of receipt/ submission of copy of this order. It is further observed that after receiving the case on transfer, the transferee Court is directed to consider and decide the case as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferring Court. 11 In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak