1 2025:CGHC:23441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 68 of 2025 1 - Smt. Akanksha Sharma W/o Shri Manish Tiwari Aged About 33 Years R/o C/o Arun Sharma, Shivaji Nagar, Ward No. 26, Near Electricity Department, Mova, Police Station-Daldal Shivani, District - Raipur (C.G.) Mob No. 9907633948, 9691402514 ... Petitioner versus 1 - Manish Tiwari S/o Late D.P. Tiwari Aged About 34 Years R/o Kapil Nagar, Sarkanda, Police Station- Sarkanda, District- Bilaspur (C.G.), Mob No. 9131995991, Adhar No. 650296273076 ... Respondent For Petitioner : Mr. P.M. Shrivas, Advocate. For Respondent : None present, though served. 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. 886- A/2024 (Manish Tiwari vs. Smt. Akanksha Sharma) pending before Principal Judge, Family Court, Bilaspur to Principal Judge, Family Court, Raipur, District Raipur (C.G.) 2 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 21.06.2022 as per Hindu custom and rituals and they have been blessed with one female child, aged about 2 years at present, thereafter, dispute erupted between them, therefore, respondent / husband left her to her maternal house, thereafter, petitioner is residing alongwith her parents at Daldal Shivani, Raipur, District Raipur. He further submits that respondent/husband has filed divorce petition bearing Civil Suit No. 886-A/2024 before Family Court, Bilaspur whereas petitioner/wife has filed maintenance case bearing MCC No. 1587 of 2024, which is pending consideration before Principal Judge, Family Court, Raipur. He further submits that being mother of two year minor female child, it would be difficult for her to travel from Raipur to Bilaspur to attend hearing in the divorce case, therefore, it is prayed the divorce petition filed by respondent/husband be transferred from Principal Judge, Family Court, Bilaspur to the Court of Principal Judge, Family Court, Raipur. 3. Despite service of notice, neither petitioner present nor represented by any counsel. 4. I have learned counsel for the petitioner and perused the material available on record. 5. Though distance between Raipur to Bilaspur is said to be 120 kms., but the petitioner/wife is said to be mother of female child, aged about 2 years and one maintenance case filed by petitioner/wife is already pending before Family Court, Raipur bearing MCC No. 1587 of 2024, in which, the respondent /husband has to go to attend hearing, therefore, transferring divorce petition would be convenient for respondent / husband also. 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 3 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 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. 886-A/2024 pending before Principal Judge, Family Court, Bilaspur be transferred to Family Court, Raipur for its trial/ disposal in accordance with law. Principal Judge, Family Court, Bilaspur is directed to transmit the record of the above case to the court of Family Court, Raipur within a period of 15 days. 4 10. It is further directed that Principal Judge, Family Court, Raipur 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: 2025.06.27 11:27:00 +0530