1 2025:CGHC:18392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 114 of 2024 Smt. Sangeeta Sarkar W/o Pravir Sarkar Aged About 40 Years R/o D.N.K. Colony, Canara Road, Kondagaon, District Kondagaon (C.G.) ... Petitioner versus Pravir Sarkar S/o Late Saadhram Kumar Sarkar Aged About 49 Years R/o R.E.S. Colony New Market Bacheli, Tehsil Bacheli, District South Bastar Dantewada (C.G.) ... Respondent For Petitioner : Mr. HAPS Bhatia, Advocate For Respondent : None present (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 23.4.2025 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.31A/2024 (Pravir Sarkar Vs. Smt. Sangeeta Sarkar) pending before Judge, Family Court, Dantewada, Distt. Dantewada to Family Court, Kondagaon Distt. Kondagaon (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 21.6.2010 and out of their marriage, they have been blessed with a male child, presently aged about 10 years. After some time of the marriage, the respondent/husband and his family members started torturing the petitioner/wife for demand of dowry, which compelled her to leave her matrimonial house, as such, she is living with her parents at Kondagaon. He would further submits that the petitioner has filed application under Section 125 CrPC for maintenance bearing Case No.20/2023 against the BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.04.24 10:21:22 +0530 2 respondent, which is pending consideration before Family Court, Kondagaon. Thereafter, the respondent/husband has filed divorce petition bearing Civil Suit No.31A/2024 before Family Court, Dantewada. He would further submits that being a mother of minor child, it would be difficult for the petitioner to travel from Kondagaon to Dantewada, as to and fro distance between two places is about 280 km, therefore, it is prayed that Civil Suit No.31A/2024, be transferred from Family Court, Dantewada to Family Court, Kondagaon. 3. Despite service of notice, none present on behalf of the respondent. 4. I have heard learned counsel for the petitioner 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 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. 3 7. In the instant case, the petitioner is mother of minor child, aged about 10 years. It is stated that to and fro distance between Kondagaon and Dantewada is about 280 Km. As per the petitioner, Misc. Criminal Case No.20/2023 filed by the petitioner/wife is already pending against the respondent/husband before Family Court, Kondagaon and he has to attend that proceeding, hence, it would be convenient for the respondent/husband also if the case bearing Civil Suit No.31A/2024 is transferred from Family Court, Dantewada Distt. Dantewada (CG) to Family Court, Kondagaon, Distt. Kondagaon (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. 9. Accordingly, the instant transfer petition is allowed. It is ordered that the Civil Suit No.31A/2024, pending before Family Court, Dantewada Distt. Dantewada (CG) be transferred to the Family Court, Kondagaon Distt. Kondagaon (CG) for its trial/ disposal in accordance with law. The Judge, Family Court, Dantewada (CG) is directed to transmit the record of the above case to the Judge, Family Court, Kondagaon, within a period of 15 days. 10. Further, the Judge, Family Court, Kondagaon 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