1 2025:CGHC:29062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 76 of 2025 Smt. Gulnaaz Akhtar W/o Shri Mohsin Khan Aged About 33 Years D/o Shri Pahalwan Hussain, R/o Village- Tuman, P.S. And Tehsil- Katghora, District Korba, Chhattisgarh. ... Petitioner Versus Mohsin Khan S/o Shri Makshood Khan Aged About 35 Years R/o Gaurela, Ekta Nagar, Police Station Gaurela, Tehsil- Pendra, District Gaurela-Pendra-Marwahi, Chhattisgarh. Presently R/o Maksood Khan, Ward No. 6, Main Road, Behind Shiv Mandir, Yadunandan Nagar, Tifra, Tehsil- Bilaspur, District Bilaspur, Chhattisgarh, Mobile No. 8770974304. ... Respondent [Cause title is taken from Case Information System] For Petitioner : Mr. Sarfaraj Khan, Advocate. For Respondent : Mr. Priyanshu Gupta, Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 30/06/2025 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. 29-A/2024 (Mohsin Khan Vs. Smt. Gulnaaz Akhtar) pending before Principal Judge, Family Court, Bilaspur to Family Court, Korba, Link Court Katghora (C.G.) 2 2. Learned counsel appearing for the petitioner would submit that marriage of the petitioner/wife was solemnized with respondent/husband on 14.10.2014 as per Muslim Rites and Rituals and they have been blessed with female child, aged about 9 years, who is residing alongwith the petitioner/wife. He further submits that respondent/husband used to torture petitioner/wife physically & mentally for demand of dowry and in the 2019, he has ousted her alongwith their daughter, therefore, the petitioner/wife is residing at village Tuman, Tahsil Katghora, District Korba. He further submits that respondent / husband has filed divorce petition bearing Civil Suit No. 29- A/2024 (Mohsin Khan vs. Smt. Gulnaaz Akhtar) before Principal Judge, Family Court, Bilaspur. He further submits that distance between village Tuman, Tehsil Katghora, District Korba to Bilaspur is 206 kms. to and fro, that too, there is no direct connectivity between these two places, rather change of bus is required in between. He further submits that being an Anganwadi Worker and mother of 9 year old child, who is studying in village Tuman, it would be difficult for her to travel such long distance to attend hearing in divorce petition filed by the respondent/husband, hence, he prayed that transfer petition may be allowed and Divorce Petition bearing Civil Suit No. 29-A/2014 be transferred from Family Court, Bilaspur to Family Court, Korba, Link Court Katghora 3. Per contra, learned counsel appearing for the respondent / husband submits that though distance between Bilaspur to Katghora is 103 kms. only, but there is direct connectivity between two places and petitioner/wife, 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 at village Tuman, Tahsil Katghora, District Korba, but the respondent/husband has filed divorce petition bearing Civil Suit No. 29-A/2024 (Mohsin Khan Vs. Smt. Gulnaaz Akhtar) before Principal Judge, Family Court, Bilaspur; distance between village Tuman, Tehsil Katghora, District Korba to Bilaspur is 206 kms. to and fro, therefore, being a lady, it would be difficult for her to travel such long distance to attend the court proceeding at Bilaspur. 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 Civil Suit No. 29-A/2024 (Mohsin Khan Vs. Smt. Gulnaaz Akhtar) pending before Principal Judge, Family Court, Bilaspur be transferred to Family Court, Korba, Link Court Katghora (C.G.) 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, Korba, Link Court, Katghora within a period of 15 days. 10. It is further directed that Family Court, Korba, Link Court, Katghora is directed to 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: 2025.07.04 13:47:28 +0530 5