1 2025:CGHC:38707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 84 of 2025 Smt. Dipika Singh W/o Hirendra Singh Aged About 26 Years R/o Yadunandan Nagar, Tifra Chowk, Bilaspur, Tahsil And District- Bilaspur (C.G.) ... Petitioner versus Hirendra Singh S/o Tikam Singh Aged About 30 Years R/o Ward No. 04, Village And Post Purai, Utai, District- Durg (C.G.) ... Respondent For Petitioner : Mr. Punit Ruparel, Advocate For Respondent : Mr. Vikas Upadhyay, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 05.8.2025 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.75/2025 (Hirendra Singh vs. Smt. Dipika Singh ) pending before Principal Judge, Family Court, Durg to Principal Judge, Family Court, Bilaspur (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 14.02.2020 in accordance with Hindu rites and customs. After few months of the marriage, the respondent/husband and his family members started cruelty upon the petitioner/wife on account of dowry she was also ousted from the house, therefore, the petitioner/wife left the company of the respondent/husband and is residing with her parents at Bilaspur. He further submits the petitioner has filed application under BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.08.06 12:05:22 +0530 2 Section 12 of the Domestic Violence Act, 2005 before Judicial Magistrate First Class, Bilaspur bearing Misc. Criminal Case No.587/2025 and she has also filed application under Section 144(1) BNSS for maintenance, against the respondent before Family Court, Bilaspur bearing MJC No.194/2025. He would next submit that, to and fro distance between Durg and Bilaspur is about 300 km and being a lady, it would be difficult for her to travel such long distance. It is further submitted that since two cases are already pending against the husband in Family Court, Bilaspur, therefore, if divorce petition bearing Civil Suit No.75/2025 is transferred from Family Court Durg to Family Court, Bilaspur, then it would not only convenient for the petitioner but also to the respondent, because he can attend all the three cases in the Court of Bilaspur, hence, it is prayed that present transfer petition may be allowed and Civil Suit No.75/2025 be transferred from Family Court, Durg to Family Court, Bilaspur 3. On the other hand, learned counsel for the respondent would submit that though to and fro distance between Bilaspur and Durg is 300 Km, but these two places are well connected with both rail and road, therefore, it would not be difficult for the petitioner, who is young lady of 26 years, to travel such distance. However, he conceded that maintenance application as well as the application under Section 12 of the Domestic Violence Act, 2005 filed by the petitioner against the respondents are pending in the Court of Bilaspur. He would further submit that since the respondent/husband is employed in CISF, he is living in different places on account of his transferrable job, therefore, it would be difficult for him if the divorce case is transferred, hence, instant transfer petition may be rejected. 4. I have heard learned counsel for the parties and perused the material placed on record. 5. 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 3 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.” 6. Hon'ble Supreme Court in the case 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 case 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. 7. In the instant case, to and fro distance between Durg and Bilaspur is 300 km and this fact is not controverted by learned counsel for the respondent. As per the petitioner, application under Section 144(1) of BNSS for maintenance and application under Section 12 of the Domestic Violence Act, 2005 are already pending against the respondent/husband before Family Court, Bilaspur and he has to attend that proceedings, hence, it would be convenient for the respondent/husband also if the case bearing Civil Suit No.75/2025 is transferred from Principal Judge, Family Court, Durg (CG) to Principal Judge, Family Court, Bilaspur, Distt. Bilaspur(CG). 8. Considering the fact situation of the case and the distance between aforesaid two places and further considering the aforecited case laws, wherein it has been observed that, in transfer of matrimonial cases, the wife’s convenience must be looked into, in the considered opinion of this Court, it is a fit case for transfer of the civil suit, as prayed for. 4 9. Accordingly, the instant transfer petition is allowed. It is ordered that Civil Suit No.75/2025, pending before the Principal Judge, Family Court, Durg be transferred to Principal Judge, Family Court, Bilaspur (CG) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Durg (CG) is directed to transmit the record of the above case to the Principal Judge, Family Court, Bilaspur, within a period of 15 days. 10. Further, the Principal Judge, Family Court, Bilaspur is directed to expedite the trial and conclude the same expeditiously, preferably within a period of four months from the date of receipt of the record from transferring Court. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case. 11. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Bini