1 2025:CGHC:17319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 53 of 2025 1 - Smt. Shweta Gupta W/o Avinash Sahu Aged About 30 Years R/o Chirmiri, Police Station Khadgawan, District Manendragarh Chirmiri Bharatpur (C.G.) ... Petitioner versus 1 - Avinash Sahu S/o Rambihari Sahu Aged About 32 Years R/o Village Bahtarai, Police Station Sarkanda, Tahsil And District Bilaspur (C.G.) ... Respondent For Petitioner : Ms. Ritika Dubey, Advocate For Respondent : None present, though served. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 15/04/2025 Heard. 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. 355-A / 2024 [Avinash Sahu vs. Smt. Shweta Gupta) pending before Principal Judge, Family Court, Bilaspur to Family Court Manendragarh. 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 17.06.2017 as per Hindu Rites and Rituals. They have been blessed with a female child, aged about 7 years at present. It is submitted that the petitioner/ wife is working as ‘Nurse’ and posted at Primary Health Centre, Ratanpur 2 (Khadgawan), District Manendragarh Chirmiri Bharatpur (MCB) and since petitioner/wife could not accompany with the respondent/husband due to her service, the respondent/husband filed a divorce petition in Civil Suit No. 355-A/2024 before the Family Court, Bilaspur. He further submits petitioner alongwith her 7 year minor child is residing at Manendragarh and distance between Manendragarh to Bilaspur is about 400 kms. to and fro, therefore, it would be difficult for the petitioner / wife to travel such long distance alongwith minor child to attend the hearing of aforesaid civil suit filed by the respondent/husband. Hence, it is prayed this petition may be allowed and Civil Suit No. 355-A / 24 pending before Family Court, Bilaspur may be transferred to Family Court, Manendragarh (C.G.). 3. Despite service of notice, neither respondent / husband appeared nor represented by any counsel. 4. I have heard learned counsel for the petitioner and perused the material available on record. 5. Having regard to the fact that distance between Bilaspur to Manendragarh is about 45 kms. to and fro, being government servant and mother of 7 years child, it would be difficult for petitioner/wife to travel from Manendragarh to Bilaspur to attend the hearing of aforesaid civil suit No. 355-A /24 filed by the respondent/husband seeking divorce from petitioner/wife, instant transfer petition filed by the petitioner/wife deserves to be allowed. 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:- "9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends 3 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 fact 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 Civil Suit No. 355-A/24 (Avinash Sahu vs. Smt. Shweta Guppa) pending before Principal Judge, Family Court, Bilaspur be transferred to the Family Court, Mandragarh for its trial/ disposal in accordance with law. The Family Court, Bilaspur (C.G.) is directed to transmit the record of the above case to the Family Court, Manendragarh within a period of 15 days. 4 10. It is further directed that that Family Court, Manendragarh shall expedite the trial and conclude the same expeditiously preferably within period of four months from the date of receipt of the record from transferring Court. 11. Pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.04.22 12:05:08 +0530