1 2025:CGHC:29614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 85 of 2025 1 - (Smt.) Soniya Yadav W/o Aashish Yadav Aged About 27 Years Presently Rsiding At C/o Rajaram Yadav (Father ) Village Mudhali Tahsil Dipak P.S. Hardi Bazar, District - Korba (C.G.) ... Petitioner versus 1 - Aashish Yadav S/o Late Arun Yadav Aged About 33 Years R//o Yugal Thekedar Mohalla, Bhatapara, Khokhra, Road P.S. City Kotwali (Janjgir) District - Janjgir - Champa (C.G.) (Updated Present And Confirmed Address Has Been Mentioned ) ... Respondent For Petitioner : Mr. Praveen Soni, Advocate For Respondent : Mr. Gaurav Singhal, Advocate (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 01/07/2025 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. 07-A/2024 [Aashish Yadav vs. (Smt.) Soniya Yadav ] pending before Principal Judge, Family Court, Janjgir, District Janjgir-Champa (C.G.) to Family Court, Camp Court Katghora, Distirct Korba. 2. Learned counsel appearing for the petitioner would submit that marriage of the petitioner/wife was solemnized with respondent/husband on 19.05.2019 2 and they have been blessed with a female child, aged about 5 years.. He further submits that because of harrassment meted out to the petitioner/wife by respondent/husband in connection with demand of dowry, she has been ousted by respondent/husband from her matrimonial home, therefore, she is residing with her daughter alongwith her parents at village Mudhali, Tahsil Dipka, P.S. Hardi Bazar, District Korba (C.G.). He further submits that the petitioner/wife has filed an application under Section 125 of the Cr.P.C. seeking maintenance bearing MJC (Cri.) No. 115 /2023 before Family Court, Korba, Link Court Katghora whereas respondent / husband has filed divorce petition bearing Civil Suit No. 07-A/2024 [Aashish Yadav vs. (Smt.) Soniya Yadav] before Family Court, Janjgir, District Janjgir-Champa (C.G) and distance between Katghora to Janjgir is about 120 kms. to and fro, but there is no direct connectivity between these two places. He further submits that being mother of 5 years old female child; looking to the distance between aforesaid two places and no direct connectivity between these two places, it would be difficult for petitioner /wife to travel from her village Mudhali, District Korba to Janjgir-Champa to attend hearing in divorce petition, whereas, respondent / husband used to appear regularly in maintenance case in Family Court, Korba, Link Court Katghora, therefore, if divorce petition filed by respondent / husband is transferred from Janjgir-Champa to Family Court, Korba, Link Court, Katghora, then it would be convenient for both the parties, hence, he prayed that transfer petition may be allowed and Divorce Petition bearing Civil Suit No. 07-A/2024 be transferred from Family Court Janjgir-Champa to Family Court, Korba, Link Court Katghora (C.G.). 3. Per contra, learned counsel appearing for the respondent / husband submits that distance between Janjgir-Champa and Katghora is only 60 kms and there is direct bus connectivity between these two places. He further submits that in divorce petition pending before Family Court, Janjgir-Champa, 3 petitioner/wife is attending hearing through her counsel, but frequently taking adjournment only with intention to harass the respondent / husband, therefore, the transfer petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Undisputedly, distance between Katghora to Janjgir-Champa is said to be about 60 kms; the petitioner/wife is said to be the mother of about 5 years female child and one maintenance case bearing MJC (Criminal) No. 155 /2023 is already pending before respondent / husband before Family Court, Korba, Link Court Katghora, therefore, transferring divorce petition bearing Civil Suit No. 7- A/2024 [Aashish Yadav vs. (Smt.) Soniya Yadav)] will not cause any difficulty to the respondent/ husband, as he had already to go to Katghora to attend hearing in maintenance case. 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.” 4 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. 07-A/2024 [Aashish Yadav vs. (Smt.) Soniya Yadav ] pending before Principal Judge, Family Court, Janjgir, District Janjgir-Champa (C.G.) be transferred to the Family Court, Korba, Link Court Katghora for its trial/ disposal in accordance with law. The Family Court, Janjgir, District Janjgir-Champa is directed to transmit the record of the above case to the Family Court, Korba, Link Court Katghora, within a period of 15 days. 10. It is further directed that that Family Court, Korba, Link Court Katghora, 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 14:27:26 +0530 5