1 2025:CGHC:19832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 59 of 2025 Khurshid Begum D/o Sheikh Imamuddin Siddique Aged About 34 Years R/o Village Pushpanjali Chowk, Rampur, Distt. - Korba Chhattisgarh ... Petitioner versus Mustak Ali Siddique S/o Rustam Ali Siddique Aged About 36 Years R/o Ward No. 8, Golden Nest Colony, Rampur Road, Indira Nagar, Raigarh Chhattisgarh Present Address Near Agrasen ITI, Gadumariya, Orissa Road, Raigarh Chhattisgarh ... Respondent For Petitioner : Mr. Ravindra Sharma and Ms, Aditi Diwan, Advocates For Respondent : Mr. Abhishek Saraf, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 01.5.2025 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.F-253-A/2022 (Mustak Ali Siddique vs. Khurshid Begum) pending before Judge, Family Court, Raigarh Distt. Raigarh to Judge, Family Court, Korba Distt. Korba (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband according to the Muslims customs on 28.10.2021 and thereafter the petitioner resided with the respondent for about 04 months, but due to mental harassment meted out to the petitioner/wife by the respondent/husband, she was forced to live apart from her BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.05.02 10:12:44 +0530 2 husband, as such, she is residing with her parents at Rampur, Distt. Korba. Learned counsel would further submit that the respondent/ husband has filed application for declaration of dissolution of marriage bearing Civil Suit No.F-253A/2022, which is pending before Judge, Family Court, Raigarh. She further submits that to and fro distance between Raigarh and Korba is 240 km and there is no direct transportation connectivity between these two places. She would further submit that the petitioner is suffering from severe Koch’s abdomen (abdominal tuberculosis), therefore, it is very difficult for her to travel such a long distance to attend the Court proceedings in the aforesaid civil suit. Hence, it is prayed that aforesaid civil suit may be transferred from Family Court, Raigarh to Family Court, Korba. 3. On the other hand, learned counsel for the respondent raised objection on the contention made by learned counsel for the petitioner and would submit that there is direct bus connectivity between these two places, hence, it would not be difficult for the petitioner to attend the Court proceedings at Raigarh, therefore, this transfer petition may be rejected. 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 3 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 observed that the convenience of wife is to be preferred over the convenience of the husband. 7. In the instant case, the parties are residing in two difference places i.e. at Korba and Raigarh. To and fro distance between Korba and Raigarh is about 240 km. Though there is direct bus connectivity between these two places, but the petitioner has filed medical documents, which show that she is suffering from abdominal tuberculosis, hence, it would be difficult for her to travel such a long distance to attend the court proceedings at Raigarh. 8. Considering the fact situation of the case and the distance between aforesaid two places 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. 9. Accordingly, the instant transfer petition is allowed. It is ordered that the Civil Suit No.F-253A/2022, pending before Family Court, Raigarh, Distt. Raigarh (CG) be transferred to the Family Court, Korba Distt. Korba (CG) for its trial/ disposal in accordance with law. The Judge, Family Court, Raigarh (CG) is directed to transmit the record of the above case to the Judge, Family Court, Korba, within a period of 15 days. 10. Further, the Judge, Family Court, Korba 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. 4 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