1 2025:CGHC:24907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 55 of 2025 1 – Smt. Asha Patil (Chatruvedi) W/o Yashwant Patil Aged About 37 Years R/o Village Navagaon Post Office Mohada Podi, Police Station Tahsil Ratanpur, District Bilaspur Chhattisgarh ... Applicant versus 1 - Yashwant Patil S/o Shree Dhalchand Patil Aged About 38 Years R/o Village Kargadih, Post Office Khopali Tahsil And District Durg Chhattisgarh Mobile No. 8085998687 ... Respondent (Cause title, as taken from Case Information System) For Applicant : Mr. Bhupendra Singh, Advocate. For Respondent : Mr. Jaydeep Singh Yadav, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 17/06/2025 1. Heard. 2. The applicant/wife has filed the instant petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’), 1908 for transfer of Civil Suit No.122/2025 {Yashwant Patil versus Smt. Asha Patil (Chaturvedi)} pending before the learned Principal Judge, Family Court, Durg (CG) to the learned Family Court, Bilaspur, District Bilaspur (CG). 3. Learned counsel for the applicant/wife would submit that marriage of RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.06.19 10:19:26 +0530 2 applicant/wife was solemnized with the respondent/husband on 03.05.2023 as per the Hindu custom and rituals, but because of cruelty meted out to the applicant/wife by respondent/husband, she was compelled to leave company of respondent/husband, therefore, she is residing along with her parents at Village Navagaon, Post Mohada Podi, P.S. & Tahsil Ratanpur, District Bilaspur since about 6 months. He would further submit that respondent/husband has filed application under Section 11 read with Section 5(i) of Hindu Marriage Act, 1955 for declaration of marriage as ‘null and void’ bearing Civil Suit No.122/2025 before the Principal Judge, Family Court, Durg, whereas applicant/wife has filed maintenance application under Section 125 of Cr.P.C. bearing MJC No.13/25 before the Principal Judge, Family Court, Bilaspur (CG). Learned counsel further submitted that distance between Bilaspur and Durg is about 170 km and being a lady, it would be difficult for her to travel such long distance, whereas if application (for declaration of marriage as ‘null and void’) is transferred from Durg to Bilaspur, then it would be convenient for respondent /husband also as he has already come to Bilaspur to attend hearing in aforesaid maintenance case, therefore, it is prayed that application may be allowed and Civil Suit No.122/2025 filed by respondent/husband be transferred from the Principal Judge, Family Court, Durg to the Family Court, Bilaspur, District Bilaspur (CG). 4. Per Contra, learned counsel for the respondent/husband would submit that there is direct train connectivity between Bilaspur and Durg, as such, she may travel between said two places, hence, application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record carefully. 3 6. Considering the fact that, to and fro distance between Bilaspur and Durg is about 240 km and maintenance case is already pending against the respondent/husband before the Principal Judge, Family Court, Bilaspur (CG), therefore, if Civil Suit No.122/2025 filed by respondent/husband is transferred from the Family Court, Durg to the Family Court, Bilaspur, then it would be convenient for respondent also to attend hearing at the same place in both the cases. 7. Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at para 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.” 8. 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. 9. Considering the aforesaid facts of the case, as discussed in preceding 4 paragraphs 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. 10. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No.122/2025 {Yashwant Patil versus Smt. Asha Patil (Chaturvedi)} pending before the Principal Judge, Family Court, Durg (CG) be transferred to the Family Court, Bilaspur, District Bilaspur (CG) for its trial/disposal in accordance with law. 11. The Principal Judge, Family Court, Durg (CG) is directed to transmit the record of the aforesaid Civil Suit No.122/2025 to the Family Court, Bilaspur, District Bilaspur (CG), within a period of 15 days from the date of receipt/submission of a copy of this order. It is further observed that after receiving the case on transfer, the transferred 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. 12. Pending application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar