1 2025:CGHC:29063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 54 of 2025 1 - Parvati Sahu W/o Shri Nandkumar Sahu Aged About 51 Years R/o Helipad Ground, Little Angel School Near Jhalmala Bhata Balod, Tahsil And District- Balod (C.G.) ... Petitioner versus 1 - Nandkumar Sahu S/o Late Lachu Ram Sahu Aged About 54 Years R/o 32/h Block No. 32, Quarter No.-H, Risali Sector Bhilai, Tahsil And District- Durg (C.G.) ... Respondent For Petitioner : Mr. Krishnakant Prajapati, Adv. For Respondent : Mr. Amit Nayak, Adv. Hon'ble Shri Naresh Kumar Chandravanshi, Judge ORAL ORDER 30-6-2025 1. Applicant has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Divorce Petition bearing Civil Suit No. 87/2025 pending before the Principal Judge, Family Court, Durg District Durg (CG) to the Family Court, Balod, distt. Balod. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.07.02 10:26:16 +0530 2 2. Learned counsel for the applicant submits that, marriage between applicant/wife and respondent/husband was solemnized on 6-3- 2006 and from their wedlock, they have one son born on 2-11-2010. The respondent has kept a concubine and thereafter started harassing the petitioner and has not joined company of petitioner since last 3 years. The husband is presently residing with the concubine. The husband has filed divorce petition before the Principal Judge, Family Court, Durg bearing Civil Suit No. 87/2025, but petitioner is residing at Balod along with her son, who is at present aged about 14 years and studying in Class 7th. He further submits that, petitioner is posted as Assistant Teacher, Government Primary School, Tekapar, District Balod. Distance between Balod to durg is 60 km, therefore, it would be difficult for the petitioner to attend hearing of divorce petition at Durg, hence, he prays that, the divorce petition may be transferred to Balod. 3. On the other hand, learned counsel for the respondent/husband submits that, without any justifiable reason, the petitioner is not joining company of respondent. Distance between Balod to Durg is 60 km and there is direct connectivity between these two places, hence the instant petition is liable to be dismissed. 4. Heard learned counsel for the parties and perused the material available in the transfer petition. 5. The grounds taken for transfer of divorce petition are that, the petitioner is a lady working as Assistant Teacher in Government Primary School, Tekapar, Distt. Balod and residing at Balod. She being a working lady residing with her son, it would be difficult for her to go to Durg to attend the 3 Court proceeding of divorce petition, though distance from Balod to Durg is 60 km. 6. Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik (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 -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 that the husband has filed the divorce petition, the petitioner is a working lady and residing with her son studying in 4 Class 7th, distance between Balod to Durg is about 60 km., it would be difficult for the applicant being working lady to travel about 120 km. up and down for attending court proceeding, and further in view of the above 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 divorce petition, as prayed for. 9. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. 87/2025 (Nand Kumar Sahu Vs. Parvati Sahu) pending before the Principal Judge, Family Court, Durg be transferred to the Family Court, Balod Distt. Balod (CG) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Durg is directed to transmit the record of the above case to the Family Court, Balod, 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 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. 10. 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