1 2025:CGHC:23438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 65 of 2025 1 - Smt. Renuka Chouhan W/o Paramjeet Chouhan Aged About 29 Years D/o. Devsai Chouhan, R/o Indira Nagar Lailunga, Police Station And Tehsil Lailunga, District-Raigarh (C.G.) Present R/o. Village - Sonawani, Police Station Chirmiri District- Koriya (C.G.) ... Petitioner versus 1 - Paramjeet Chauhan S/o Paitram Chauhan Aged About 30 Years R/o Indira Nagar Lailunga, Police Station And Tehsil - Lailunga, District- Raigarh (C.G.) ... Respondent For Petitioner : Mr. Prasoon Agrawal, Advocate. For Respondent : Mr. Aditya Bhardwaj, Advocate. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 12/06/2025 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. 3-A/2025 (Paramjeet Chauhan vs. Smt. Renuka Chauhan) pending before District Judge, Gharghoda, District Raigarh to Family Court, Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.) 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 25.02.2016 as 2 per Hindu custom and rituals, but because of harrassment meted out to the petitioner/ wife by respondent / husband, she is leaving apart from him and residing alongwith her parents at Chirmiri, District Koria. He further submits that respondent has filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights bearing Civil suit No. 03-A/2025 before District Judge, Gharghoda, District Raigarh and the distance between Chirmiri to Gharghoda is about 500 kms. to and fro. He submits that one maintenance case bearing Misc. Cr. Case No. 132/2024 and another case under Protection of Women from Domestic Violence Act, 2005 bearing MJC Criminal Case No. 18/2024 filed by the petitioner/wife are already pending in the Court of Family Court, Manendragarh, District Manendragarh-Chirmiri-Bharatpur and Judicial Magistrate First Class, Chrimri District Koria, respectively, therefore, it would be convenient for both the parties, if Civil No. 03-A/2025 filed by respondent/husband for restitution of conjugal rights is transferred from Gharghoda to Manendragarh, as two cases filed by the petitioner/wife are already pending in the Courts of Manendragarh & Chirmiri, respectively where respondent / husband used to go to attend hearing in that case, therefore, it is prayed that Civil Suit No. 03-A/2025 may be transferred from the District Judge, Gharghoda, District Raigarh to the court of Family Court, Manendragarh, District MCB. 3. Per contra, learned counsel appearing for the respondent / husband submits that though distance between Chirmiri to Gharghoda is about 500 kms. to and fro, but there is direct connectivity via bus between these two places, hence, the petitioner/wife can travel between these two places, hence, the transfer petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 3 5. Having regard to the fact that the petitioner / wife is residing alongwith her parents at Chirmiri, District Koria, but the respondent/husband has filed application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights bearing Civil suit No. 03-A/2025 before District Judge, Gharghoda, District Raigarh; and the distance between these two places is 500 kms. to and fro, therefore, being a lady it would be very difficult for her to travel such long distance to attend the court proceeding in the Court of District Judge, Gharghoda, District Raigarh. 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 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. 4 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 the Civil Suit No. 03-A/2025 pending before learned District Judge, Gharghoda, District Raigarh be transferred to the Court of Family Court, Manendragarh, District Manedragarh-Chirimiri-Bharatpur for its trial/ disposal in accordance with law. District Judge, Gharghoda, District Raigarh is directed to transmit the record of the above case to the court of Family Court, Manendragarh, District Manedragarh-Chirimiri-Bharatpur within a period of 15 days. 10. It is further directed that the Family Court, Manendragarh, District Manedragarh-Chirimiri-Bharatpur 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: 2025.06.19 20:00:04 +0530 5