1 2025:CGHC:32726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 97 of 2025 1 - Smt. Abhidha Gupta W/o Aditya Gupta Aged About 30 Years R/o C/o Shri Arvind Gupta, Ward No. 1, Near Mela Ground, P.S.- Rajim, Distt.- Gariyaband (C.G.) ... Petitioner versus 1 - Aditya Gupta S/o Late Ashok Gupta Aged About 30 Years R/o Marwadi Lines, Khaparganj Teh And Distt.- Bilaspur (C.G.) ... Respondent For Petitioner : Ms. Ruchi Nagar, Advocate. For Respondent : None present, though served. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 14/07/2025 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. 34-A / 2025 (Aditya Gupta vs. Smt. Abhidha Gupta) pending before the Principal Judge, Family Court, Bilaspur, District Bilaspur to District & Sessions Court, Gariyaband, District Gariaband. 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 22.11.2019 2 at Rajim, District Gariyaband (C.G.) as per Hindu custom and rituals. She 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 along with her parents at Rajim, District Gariaband. She also submits that the petitioner /wife has filed one criminal case bearing Criminal Case No. 463 / 2024 under Section 498-A, 294, 323 & 34 of the IPC and another case under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing Misc. Criminal Case No. 25/2025 against the respondent/husband, which are pending before the Judicial Magistrate First Class, Rajim, District Gariyaband. He submits that respondent/husband has filed divorce case bearing Civil Suit No. 34-A/2025 before the Judge, Family Court, Bilaspur, District Bilaspur (C.G.) only to harass to the petitioner/wife. It is submitted distance between Bilaspur to Rajim, District Gariyaband is about 380 kms. to and fro, therefore, being a lady, it would be difficult for her to travel from Rajim, District Gariaband to Bilaspur to attend the hearing of divorce case, therefore, it is prayed that Civil Suit No. 34-A/2025 filed by respondent/husband may be transferred from Family Court, Bilaspur, District Bilaspur to District & Sessions Court, Gariaband, District Gariaband (C.G.). 3. Despite service of notice, none present on behalf of the respondent/wife to represent the case. 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 criminal case and one domestic violence case filed by the petitioner / wife in respect of both the parties are pending before the Judicial Magistrate First Class, 3 Rajim, District Gariaband, therefore, it would be convenient for both the parties, if divorce case bearing Civil Suit No. 34-A/2025 filed by respondent / husband before the Family Court, Bilaspur, District Bilaspur, be transferred to District & Sessions Court, Gariyaband, District Gariyaband, 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 Gariyaband. 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 the Civil Suit No. 34-A / 2025 pending before Principal Judge, Family Court, Bilaspur be transferred to the District & Sessions Court, Gariyaband, District Gariyaband 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 District & Sessions Court, Gariyaband, District Gariyaband within a period of 15 days. 10. It is further directed that the District & Sessions Court, Gariyaband, District Gariyaband 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: 2025.07.17 17:46:25 +0530 5 ({JUDGE_NAME}) JUDGE PSName