1 2025:CGHC:37773 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 98 of 2025 1 - Shrimati Vibha Agrawal W/o Anand Kumar Agrawal Aged About 44 Years R/o Ward No. 07, Kila Mandir Luchki Para, Shiksha Nagar, Infront Of Garden Gate, Durg, Tehsil And District- Durg (C.G.) ... Applicant versus 1 - Anand Kumar Agrawal S/o Late Manngeram Agrawal Aged About 45 Years R/o Plot No. 106, Bande Ali Fatmi Nagar, Chandmari Raigarh (C.G.) ... Respondent For applicant : Mr. Shivam Agrawal, Adv. For Respondent : Mr. Krishna Tandan, Adv. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 31/07/2025 1 Applicant/wife has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Civil Suit No. 33A/2025 (Anand Kumar Agrawal Vs. Smt. Vibha Agrawal) pending before the Family Court, Raigarh (CG) to the Family Court, Durg (CG). 2 Learned counsel for the applicant/wife submits that marriage of applicant/wife and respondent/husband was solemnized on 8-2-2015. After some period, the respondent and his family members started subjecting the applicant harassing her for demand of money. Earlier the respondent also instituted a divorce petition under Section 13(1)(i-a) of Digitally signed by AVANISH KUMAR PATHAK Date: 2025.08.01 17:32:10 +0530 2 the Hindu Marriage Act Act, which was decided on the basis of compromise. The respondent against demanded Rs. 10,00,000/- from the applicant. When she refused, the respondent forcible left her to her maternal home on 21–1-2025, since then, she is residing at her mother’s house at Durg. The respondent has filed divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, bearing Civil Suit No. 33-A/2025 before Family Court, Raigarh, for transfer of which, instant TPC has been filed. Learned counsel further submits that, the distance between Durg to Raigarh is more than 294 km, and it would be very difficult for the applicant being a lady and residing with her mother, to travel about 592 km to and fro for attending the court proceeding at /Raigarh. hence, the civil suit in question be transferred as prayed for. 3 On the other hand, learned counsel for the respondent/ husband submits that though distance between Durg to Raigarh is 294 km. but there is direct train connectivity between these two places. The respondent is residing at Chhal, Distt. Raigarh, he is suffering from back pain, therefore, it would be difficult for him to travel from Raigarh to Durg. The applicant is a practising lawyer, therefore, the case may not be transferred to Durg and instant petition may be rejected. 4 Heard learned counsel for the parties and perused the material available in the transfer petition and the relevant provisions. 5 It is stated that, distance between Durg to Raigarh is about 294 km, the applicant is residing at Durg with her mother, therefore, it would be 3 difficult for the applicant to travel 592 km. (up and down) from Durg to Raigarh to attend the court proceeding pending at Durg. 6 Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at paras 9 which reads 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 Versus Kumar Sanjay and another reported in 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 Versus Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband. 8 Considering the aforesaid facts of the case and 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 4 considered opinion of this Court, 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. 33A/2025 (Anand Kumar Agrawal Vs. Smt. Vibha Agrawal) pending before the Family Court, Raigarh (CG) be transferred to the Family Court, Durg (CG) for its trial/disposal in accordance with law. 10 The Family Court, Raigarh is directed to transmit the record of the aforesaid case to the Family Court, Durg (C.G.), within a period of 15 days from the date of receipt/submission of copy of this order. It is further observed that after receiving the case on transfer, the transferee Court is directed to consider and decide the case as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferring Court. 11 In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak