1 2025:CGHC:29619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 87 of 2025 Deepmala Sonkar D/o Dilip Sonkar Aged About 26 Years R/o House No. 822, In Front Of Rishabh Nagar, Baijnath Para, Durg, Tahsil And District- Durg (C.G.) ... Applicant versus Dayanand Sonkar S/o Shri Sonau Ram Sonkar, Aged About 33 Years, by Caste : Sonkar, R/o Raipur, Ward No. 59, Near Ishwar Suppliers, Shivnagar Mathpuraina, Post - Sundernagar, Raipur, Tahsil And District- Raipur (C.G.) Present Address - Quarter No. E-181 CSEB Colony, Basantpur Champa, Tahsil - Champa, District- Janjgir-Champa (C.G.) ... Respondent [Cause title is taken from Case Information System] For Applicant : Mr. Jitendra Gupta, Advocate. For Respondent : Mr. Pushkar Sinha, Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 01/07/2025 Heard. 1. Applicant/ wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No. 101-A / 2025 (between Dayanand Sonkar Vs. Deepmala Sonkar) pending 2 before the Court of Principal Judge, Family Court, Janjgir, District Janjgir- Champa (C.G.) to Family Court, Durg, District Durg (C.G.) . 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 21.11.2021 at Durg as per Hindu custom and rituals and they have been blessed with one male child, aged about 2 ½ years at present. He further submits that because of harassment meted out to the applicant/ wife by respondent / husband in connection with demand of dowry, she has been compelled to live apart, therefore, she is residing with her minor child along with her parents at Durg. He further submits that the petitioner /wife has filed maintenance case bearing Criminal M.J.C. No. 436 /2024 and another case under Protection of Women from Domestic Violence Act, 2005 bearing MJC Criminal Case No. 537 of 2024 filed by the petitioner/wife are already pending in the Court of Family Court, Durg and Chief Judicial Magistrate, Durg, respectively against the respondent/husband. He submits that respondent/husband has filed divorce case bearing Civil Suit No. 101-A/2025 before the Principal Judge, Family Court, Janjgir, District Janjgir-Champa (C.G.) only to harass to the petitioner/wife. It is submitted distance between Janjgir-Champa to Durg is about 200 kms., therefore, being a mother of infant child, aged about 2 ½ years, it would be difficult for her to travel from Durg to Janjgir-Champa to attend the hearing of divorce case, therefore, it is prayed that Civil Suit No. 101-A/2025 filed by respondent/husband may be transferred from Family Court, Janjgir-Champa to Family Court, Durg. 3. Per contra, learned counsel appearing for the respondent / husband submits that though distance between Durg to Janjgir Chama is about 200 kms. , but there is direct connectivity via train between these two places, hence, it 3 would not be difficult for petitioner/wife to travel such long distance, hence, the instant petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. The ground taken for the transfer of divorce case is that one maintenance case and one domestic violence case filed by the petitioner / wife in respect of both the parties are pending before the Court at Durg, therefore, it would be convenient for both the parties, if divorce case bearing Civil Suit No. 101-A/2025 filed by respondent / husband before the Family Court, Janjgir-Champa, be transferred to Family Court, Durg, rather it would not cause any difficulty for the husband, as he has to go in the hearing of aforesaid two cases filed by the petitioner/wife in the Court at Durg. 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 4 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. 101-A / 2025 pending before learned Family Court, Janjgir- Champa be transferred to the Family Court, Durg, District Durg for its trial/ disposal in accordance with law. Principal Judge, Family Court Janjgir-Champa is directed to transmit the record of the above case to the Family Court, Durg within a period of 15 days. 10. It is further directed that the Family Court, Durg 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: 2025.07.04 14:23:31 +0530 5